Children in Custody

V.S.A. tit. 33, ch. 52, subch. 3

in effect

33 V.S.A. § 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.

33 V.S.A. § 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.

33 V.S.A. § 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.

33 V.S.A. § 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.

33 V.S.A. § 5255 Temporary care hearing

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 parent, guardian, or custodian has not been notified in accordance with section 5254 of this title and does not appear or waive appearance at the temporary care hearing and files thereafter with the court an affidavit so showing, the court shall hold another temporary care hearing within one business day of the filing of the affidavit as if no temporary care hearing had theretofore been held. (b) If the State’s Attorney is seeking a temporary care order, the State’s Attorney shall file a petition on or before the temporary care hearing. If the State’s Attorney elects not to file a petition, the State’s Attorney shall so notify the court, and the court shall vacate any temporary orders. (c) The following persons shall be present at the temporary care hearing: (1) the child; (2) the child’s custodial parent, guardian, or custodian, unless he or she cannot be located or fails to appear in response to notice; (3) the child’s guardian ad litem; (4) an attorney for the child; (5) an attorney for the custodial parent, if requested; (6) a representative of the Department; and (7) the State’s Attorney. (d) A noncustodial parent and his or her attorney shall have the right to be present at the hearing. The hearing shall not be delayed by reason of the inability of the Department to locate the noncustodial parent. (e) The Department shall provide the following information to the court at the hearing: (1) Any reasons for the child’s removal that are not set forth in the affidavit required pursuant to section 5252 of this title. (2) Services, if any, provided to the child and the family in an effort to prevent removal. (3) The need, if any, for continued custody of the child with the Department pending a hearing to adjudicate the merits of the petition. (4) Services that could facilitate the return of the child to the custody of the parent or guardian. (5)(A) The identity of a noncustodial parent and any relatives known to the Department who may be suitable, willing, and available to assume temporary custody of the child. (B) With respect to any person whom the Department identifies pursuant to this subdivision, the Department shall conduct an assessment of the suitability of the person to care for the child. The assessment shall include consideration of the person’s ability to care for the child’s needs, a criminal history record as defined in 20 V.S.A. § 2056a(a)(1) in accordance with subdivision (5)(C) of this subsection (e), and a check of allegations of prior child abuse or neglect by the person or by other adults in the person’s home. The court may continue the hearing if necessary to permit the Department to complete the assessment. (C) The Department shall request from the Vermont Crime Information Center criminal history record information for any person being considered to assume temporary legal custody of the child pursuant to this subdivision. The request shall be in writing and shall be accompanied by a release signed by the person. The Department through the Vermont Crime Information Center shall request criminal history record information from the appropriate state criminal repositories in all states in which it has reason to believe the person has resided or been employed. If no disqualifying record is identified at the state level, the Department through the Vermont Crime Information Center shall request from the Federal Bureau of Investigation (FBI) a National Criminal History Record Check of the person’s criminal history. The request to the FBI shall be accompanied by a set of the person’s fingerprints and a fee established by the Vermont Crime Information Center. The Vermont Crime Information Center shall send the Department the criminal history record from any state repository and the FBI of a person about whom a request is made under this subdivision or inform the Department that no record exists. The Department shall promptly provide a copy of the criminal history record, if any, to the person and shall inform the person that he or she has the right to appeal the accuracy and completeness of the record through the Vermont Crime Information Center. Upon completion of the process under this subdivision, the person’s fingerprint card shall be destroyed. (6) Additional information as required by the Uniform Child Custody Jurisdiction and Enforcement Act pursuant to 15 V.S.A. chapter 20 and the Indian Child Welfare Act pursuant to 25 U.S.C. § 1901 et seq. (f) All parties shall have the right to present evidence on their own behalf and examine witnesses. Hearsay, to the extent it is deemed relevant and reliable by the court, shall be admissible. The court may in its discretion limit testimony and evidence to only that which goes to the issues of removal, custody, and the child’s welfare. (g) The temporary care hearing shall also be a preliminary hearing on the petition. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2013, No. 119 (Adj. Sess.), § 18.

33 V.S.A. § 5256 Temporary care order

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 of the following: (1) The child cannot be controlled at home and is at risk of harm to self or others. (2) Continued residence in the home will not protect the community because of the serious and dangerous nature of the act the child is alleged to have committed. (3) The child’s welfare is otherwise endangered. (b) Upon a finding that any of the conditions set forth in subsection (a) of this section exists, the court may issue such temporary orders related to the custody of the child as it deems necessary and sufficient to protect the welfare and safety of the child, and the safety of the community, including: (1) a conditional custody order returning custody of the child to the custodial parent, guardian, or custodian, subject to such conditions and limitation as the court may deem necessary and sufficient to protect the child and the community; (2) an order transferring temporary custody of the child to a noncustodial parent or a relative; (3) a temporary care order transferring temporary custody of the child to the Commissioner. (c)(1) If the court transfers custody of the child to the Commissioner, the court shall issue a written temporary care order. The order shall include: (A) a finding that remaining in the home is contrary to the child’s welfare and the facts upon which that finding is based; and (B) a finding as to whether reasonable efforts were made to prevent the unnecessary removal of the child from the home. (2) If at the conclusion of the hearing the court lacks sufficient evidence to make findings on whether reasonable efforts were made to prevent the removal of the child from the home, that determination shall be made at the next scheduled hearing in the case but, in any event, no later than 60 days after the issuance of the initial order removing a child from the home. (3) The order may include such other provisions as may be necessary for the protection and welfare of the child, including: (A) conditions of release; (B) an order for parent-child contact under such terms and conditions as are necessary for the protection of the child; (C) an order that the Department provide the child with services if legal custody of the child has been transferred to the Commissioner; (D) an order that the Department refer a parent to services; (E) a genetic testing order if parentage of the child is at issue; (F) an order that the Department make diligent efforts to locate the noncustodial parent; (G) an order that the custodial parent provide the Department with names of all potential noncustodial parents and relatives of the child; and (H) an order establishing protective supervision and requiring the Department to make appropriate service referrals for the child and the family if legal custody is transferred to an individual other than the Commissioner. (4) In his or her discretion, the Commissioner may provide assistance and services to children and families to the extent that funds permit, notwithstanding subdivision (3)(C) of this subsection. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2021, No. 105 (Adj. Sess.), § 618, eff. July 1, 2022.

33 V.S.A. § 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.

33 V.S.A. § 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.

33 V.S.A. § 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.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/33/052Fetched: 10/21/2026