Petition, Merits, and Disposition

V.S.A. tit. 33, ch. 52, subch. 2

in effect

33 V.S.A. § 5221 Citation and notice to appear at preliminary hearing

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 chapter, the officer may issue a citation to appear before a judicial officer in lieu of arrest. (b) Appearance in court. A child who receives a citation described in this section shall appear at the court designated in the citation at the time and date specified in the citation unless otherwise notified by the court. (c) Notice to parent. The officer who issues the citation shall also issue or cause to be issued a notice to the child’s custodial parent, guardian, or custodian. The notice shall indicate the date, time, and place of the preliminary hearing and shall direct the responsible adult to appear at the hearing with the child. (d) Form. The citation to appear shall be dated and signed by the issuing officer and shall direct the child to appear before a judicial officer at a stated time and place. The citation shall state the name of the child to whom it is addressed, the delinquent act that the child is alleged to have committed, and a notice that the child is entitled to be represented by an attorney at the hearing and that an attorney will be appointed for the child if the parent or guardian is indigent and cannot afford an attorney. (e) Filing of citation. The issuing officer shall sign the citation and file the citation and an affidavit as to probable cause with the State’s Attorney. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.

33 V.S.A. § 5222 Petition; contents

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 that it is in the best interests of the child that the proceedings be brought. (2) The name, date of birth, telephone number, and residence address, if known, of the child and the custodial and noncustodial parents or the guardian or custodian of the child, if other than parent. If a parent is a participant in the Safe At Home Program pursuant to 15 V.S.A. § 1152, the petition shall so specify. (b) If a temporary care order has been issued or the State is requesting that custody be transferred to the Commissioner, the petition shall contain jurisdictional information as required by the Uniform Child Custody Jurisdiction and Enforcement Act, 15 V.S.A. chapter 20. (c) A petition alleging a delinquent act may not be amended to allege that a child is in need of care or supervision, and a child who has been adjudged a delinquent child as a result of a delinquency petition may not be subsequently adjudged a child in need of care or supervision, unless a separate petition alleging that the child is in need of care or supervision is filed. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.

33 V.S.A. § 5223 Filing of petition

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 deliver a copy of the petition and affidavit to the Commissioner after a finding of probable cause. A copy of the petition and affidavit shall be made available at the State’s Attorney’s office to all persons required to receive notice, including the noncustodial parent, as soon as possible after the petition is filed and at least five business days prior to the date set for the preliminary hearing. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2015, No. 153 (Adj. Sess.), § 25.

33 V.S.A. § 5224 Failure to appear at preliminary hearing

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 provided in section 5108 of this title. The summons, order, or warrant shall be served by the law enforcement agency that cited or took the child into custody, or another law enforcement agency acting on its behalf. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2015, No. 58, § E.204.3, eff. June 11, 2015.

33 V.S.A. § 5225 Preliminary hearing; risk assessment

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 hearing shall be at the time of the temporary care hearing. Counsel for the child shall be assigned prior to the preliminary hearing. (b) Risk and needs screening. (1) Prior to the preliminary hearing, the child shall be afforded an opportunity to undergo a risk and needs screening, which shall be conducted by the Department or by a community provider that has contracted with the Department to provide risk and need screenings for children alleged to have committed delinquent acts. (2) If the child participates in such a screening, the Department or the community provider shall report the risk level result of the screening, the number and source of the collateral contacts made, and the recommendation for charging or other alternatives to the State’s Attorney. The State’s Attorney shall consider the results of the risk and needs screening in determining whether to file a charge. In lieu of filing a charge, the State’s Attorney may refer a child directly to a youth-appropriate community-based provider that has been approved by the Department, which may include pre-charge diversion pursuant to 3 V.S.A. § 163, a community justice center, or a balanced and restorative justice program. Referral to a community-based provider pursuant to this subsection shall not require the State’s Attorney to file a charge. If the community-based provider does not accept the case or if the child fails to complete the program in a manner deemed satisfactory and timely by the provider, the child’s case shall return to the State’s Attorney for charging consideration. (3) Information related to the present alleged offense directly or indirectly derived from the risk and needs screening or from other conversations with the Department or community-based provider shall not be used against the youth in the youth’s case for any purpose, including impeachment or cross-examination, provided that the fact of the youth’s participation in risk and needs screening may be used in subsequent proceedings. (4) If a charge is brought in the Family Division, the risk level result shall be provided to the child’s attorney. (c) Referral to diversion. Based on the results of the risk and needs screening, if a child presents a low to moderate risk to reoffend, the State’s Attorney shall refer the child directly to court diversion unless the State’s Attorney states on the record why a referral to court diversion would not serve the ends of justice. If the court diversion program does not accept the case or if the child fails to complete the program in a manner deemed satisfactory and timely by the provider, the child’s case shall return to the State’s Attorney for charging consideration. (d) Guardian ad litem. At the preliminary hearing, the court shall appoint a guardian ad litem for the child. The guardian ad litem may be the child’s parent, guardian, or custodian. On its own motion or motion by the child’s attorney, the court may appoint a guardian ad litem other than a parent, guardian, or custodian. (e) Admission; denial. At the preliminary hearing, a denial shall be entered to the allegations of the petition, unless the juvenile, after adequate consultation with the guardian ad litem and counsel, enters an admission. If the juvenile enters an admission, the disposition case plan required by section 5230 of this title may be waived and the court may proceed directly to disposition, provided that the juvenile, the custodial parent, the State’s Attorney, the guardian ad litem, and the Department agree. (f) Conditions. The court may order the child to abide by conditions of release pending a merits or disposition hearing. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2011, No. 159 (Adj. Sess.), § 6; 2015, No. 153 (Adj. Sess.), § 14; 2017, No. 201 (Adj. Sess.), § 6; 2023, No. 46, § 18, eff. June 5, 2023; 2025, No. 64, § 17, eff. June 12, 2025.

33 V.S.A. § 5227 Timelines for pretrial and merits hearing

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 or dismissal at the pretrial hearing, the court shall set the matter for a hearing to adjudicate the merits of the petition. (b) Merits hearing. Except for good cause shown, a merits hearing shall be held and merits adjudicated no later than 60 days from the date of the preliminary hearing. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.

33 V.S.A. § 5228 Constitutional protections for a child in delinquency proceedings

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, shall not be used against the child. Evidence illegally seized or obtained shall not be used over objection to establish the charge against the child. A confession out of court is insufficient to support an adjudication of delinquency unless corroborated in whole or in part by other substantial evidence. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.

33 V.S.A. § 5229 Merits adjudication

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 the delinquency petition is present in court. (b) The State shall have the burden of establishing beyond a reasonable doubt that the child has committed a delinquent act. (c) If the child who is the subject of the delinquency petition enters an admission to the petition, the court shall not accept the admission without first addressing the child personally in open court and determining that: (1) the plea is voluntary; (2) the child understands the nature of the delinquent act charged, the right to contest the charge, and the rights that will be waived if the admission is accepted by the court; and (3) there is a factual basis for the delinquent act charged in the petition. (d) A merits hearing shall be conducted in accordance with the Vermont Rules of Evidence. (e) If the merits are contested, the court, after hearing the evidence, shall make its findings on the record. (f) If the court finds that the allegations made in the petition have not been established beyond a reasonable doubt, the court shall dismiss the petition and vacate any orders transferring custody to the State or other person or any conditional custody orders. (g) If, based on the child’s admission or the evidence presented, the court finds beyond a reasonable doubt that the child has committed a delinquent act, the court shall order the Department to prepare a disposition case plan not later than seven business days before the disposition hearing and shall send a record of the adjudication to the Commissioner of Motor Vehicles within 10 days following its issuance. In no event shall a disposition hearing be held later than 35 days after a finding that a child is delinquent. (h) The court may proceed directly to disposition providing that the child, the custodial parent, the State’s Attorney, and the Department agree. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2015, No. 153 (Adj. Sess.), § 26; 2025, No. 41, § 4, eff. July 1, 2025.

33 V.S.A. § 5230 Disposition case plan

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 be used or referred to as evidence prior to a finding that a child is delinquent. (b) Content of case plan. A disposition case plan shall include, as appropriate: (1) An assessment of the child’s medical, psychological, social, educational, and vocational needs. (2) An assessment of the impact of the delinquent act on the victim and the community, including, whenever possible, a statement from the victim. (3) A description of the child’s home, school, community, and current living situation. (4) An assessment of the child’s and family’s strengths and risk factors. (5) Proposed conditions of probation that address the identified risks and provide for, to the extent possible, repair of the harm to victims and the community. Proposed conditions may include a recommendation as to the term of probation. (6) The plan of services shall describe the responsibilities of the child; the parent, guardian, or custodian; the Department; other family members; and treatment providers, including a description of the services required to achieve successful completion of the goals of probation and, if the child has been placed in the custody of the Department, the permanency goal. (c) Case plan for child in custody. If a child is in the custody of the Commissioner at the time of disposition or if a transfer of custody is requested, the case plan shall include the following additional information: (1) A permanency goal if the child is in custody. The long-term goal for a child found to be delinquent and placed in the custody of the Department is a safe and permanent home. A disposition case plan shall include a permanency goal and an estimated date for achieving the permanency goal. The plan shall specify whether permanency will be achieved through reunification with a parent, custodian, or guardian; adoption; permanent guardianship; or other permanent placement. In addition to a primary permanency goal, the plan may identify a concurrent permanency goal. (2) A recommendation with respect to custody for the child and a recommendation for parent-child contact if appropriate. (3) A request for child support if the child has been placed in the custody of the Department or the Department recommends a transfer of custody. (d) Psychosexual evaluation. For purposes of determining appropriate conditions of probation for a disposition case plan under this section, the court may order a psychosexual evaluation if clinically indicated for a child charged with: (1) lewd and lascivious conduct in violation of 13 V.S.A. § 2601; (2) lewd and lascivious conduct with a child in violation of 13 V.S.A. § 2602; (3) sexual assault in violation of 13 V.S.A. § 3252; (4) aggravated sexual assault in violation of 13 V.S.A. § 3253; (5) aggravated sexual assault of a child in violation of 13 V.S.A. § 3253a; (6) kidnapping with intent to commit sexual assault in violation of 13 V.S.A. § 2405(a)(1)(D); or (7) an offense involving sexual exploitation of children in violation of 13 V.S.A. chapter 64. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2015, No. 153 (Adj. Sess.), § 27; 2021, No. 160 (Adj. Sess.), § 16, eff. June 1, 2022.

33 V.S.A. § 5231 Disposition hearing

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 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. (c) Standard of proof. If the court terminates the parental rights of one or both parents, the standard of proof on the issue of such termination shall be clear and convincing evidence. On all other issues, the standard of proof shall be a preponderance of the evidence. (d) Termination of parental rights. If the Commissioner or the attorney for the child seeks an order terminating parental rights of one or both parents and transfer of custody to the Commissioner without limitation as to adoption, the court shall consider the best interests of the child in accordance with section 5114 of this title. The Department’s Family Services Division shall not consider payment of child support to the Family Services Division to offset the cost of foster care as a factor in a petition to terminate parental rights. (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. The court shall make an appropriate order for the temporary care of the child pending a final disposition order. The court shall give scheduling priority to cases in which the child has been removed from the home. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2025, No. 64, § 25a, eff. June 12, 2025.

33 V.S.A. § 5232 Disposition order

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 community for offenses committed; and (4) the development of competencies to enable the child to become a responsible and productive member of the community. (b) In carrying out the purposes outlined in subsection (a) of this section, the court may: (1) Place the child on probation subject to the supervision of the Commissioner, upon such conditions as the court may prescribe. The length of probation shall be as prescribed by the court or until further order of the court. (2) Order custody of the child be given to the custodial parent, guardian, or custodian. For a fixed period of time following disposition, the court may order that custody be subject to such conditions and limitations as the court may deem necessary and sufficient to provide for the safety of the child and the community. Conditions may include protective supervision for up to six months following the disposition order unless further extended by court order. The court shall hold review hearings pursuant to section 5320 of this title to determine whether the conditions continue to be necessary. (3) Transfer custody of the child to a noncustodial parent, relative, or person with a significant connection to the child. The court may order that custody be subject to such conditions and limitations as the court may deem necessary and sufficient to provide for the safety of the child and community, including protective supervision, for up to six months unless further extended by court order. The court shall hold review hearings pursuant to section 5320 of this title to determine whether the conditions continue to be necessary. (4) Transfer custody of the child to the Commissioner. (5) Terminate parental rights and transfer custody and guardianship to the Department without limitation as to adoption. (6) Issue an order of permanent guardianship pursuant to 14 V.S.A. § 2664. (7) Refer a child directly to a youth-appropriate community-based provider that has been approved by the Department, which may include a community justice center or a balanced and restorative justice program. Referral to a community-based provider pursuant to this subdivision shall not require the court to place the child on probation. If the community-based provider does not accept the case or if the child fails to complete the program in a manner deemed satisfactory and timely by the provider, the child shall return to the court for disposition. (c) If the court orders the transfer of custody of the child pursuant to subdivisions (b)(4) and (5) of this section, the court shall establish a permanency goal for the child and adopt a case plan prepared by the Department designed to achieve the permanency goal. If the court determines that the plan proposed by the Department does not adequately support the permanency goal for the child, the court may reject the plan proposed by the Department and order the Department to prepare and submit a revised plan for court approval. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2009, No. 28, § 3, eff. May 21, 2009; 2011, No. 159 (Adj. Sess.), § 5; 2015, No. 170 (Adj. Sess.), § 8, eff. Sept. 1, 2016.

33 V.S.A. § 5234 Rights of victims in delinquency proceedings involving a listed crime

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 delinquency petition has been filed, the name of the child and any conditions of release initially ordered for the child or modified by the court, unless otherwise limited by court order; (B) the victim’s rights as provided by law, information regarding how a case proceeds through a delinquency proceeding, the confidential nature of delinquency proceedings, and that it is unlawful to disclose confidential information concerning the proceedings to another person; (C) when a predispositional or dispositional court proceeding is scheduled to take place and when a court proceeding of which the victim has been notified will not take place as scheduled; and (D) whether delinquency has been found and disposition has occurred, and any conditions of release or conditions of probation and any restitution, unless otherwise limited by court order. (2) To file with the court a written or recorded statement of the impact of the delinquent act on the victim and the need for restitution. (3) 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 pursuant to section 5235 of this title; to be notified as to the disposition, including probation; 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. (4) To be notified by the agency having custody of the delinquent child before the child is released into the community from a secure or staff-secured residential facility. The name of the facility shall not be disclosed. An agency’s inability to give notification shall not preclude the release. However, in such an event, the agency shall take reasonable steps to give notification of the release as soon thereafter as practicable. Notification efforts shall be deemed reasonable if the agency attempts to contact the victim at the address or telephone number provided to the agency in the request for notification. (5) To have the court take the victim’s views into consideration in the court’s disposition order. If the victim is not present, the court shall consider whether the victim has expressed, either orally or in writing, views regarding disposition and shall take those views into account when ordering disposition. (6) [Repealed.] (b) The prosecutor’s office shall keep the victim informed and consult with the victim through the delinquency proceedings. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2015, No. 153 (Adj. Sess.), § 21; 2021, No. 160 (Adj. Sess.), § 10, eff. June 1, 2022.

33 V.S.A. § 5234a Rights of victims in delinquency proceedings involving a nonlisted crime

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 following: (A) the victim’s rights as provided by law, information regarding how a delinquency proceeding is adjudicated, the confidential nature of juvenile proceedings, and that it is unlawful to disclose confidential information concerning the proceedings; (B) when a delinquency petition is filed; (C) the child’s name and the conditions of release ordered for the child or modified by the court unless otherwise limited by court order; and (D) when a dispositional court proceeding is scheduled to take place and when a court proceeding of which the victim has been notified will not take place as scheduled. (2) That delinquency has been found and disposition has occurred, any conditions of release or conditions of probation, and any restitution unless otherwise limited by court order. (3) To file with the court a written or recorded statement of the impact of the delinquent act on the victim and any need for restitution. (4) To attend the disposition hearing for the sole purpose of presenting to the court a victim impact statement, including testimony in support of the victim’s claim for restitution pursuant to section 5235 of this title. The victim shall not be personally present at any portion of the disposition hearing except to present a victim impact statement or to testify in support of the victim’s claim for restitution unless the court finds that the victim’s presence is necessary in the interest of justice. (5) To be notified by the agency having custody of the child, if agreed to by the parties, before the child is released into the community from a secure or staff-secured residential facility. (6) To have the court take the victim’s views into consideration in the court’s disposition order. If the victim is not present, the court shall consider whether the victim has expressed, either orally or in writing, views regarding disposition and shall take those views into account when ordering disposition. The court shall order that the victim be notified as to the identity of the child upon disposition if the court finds that release of the child’s identity to the victim is in the best interests of both the child and the victim and serves the interests of justice. (b) The prosecutor’s office shall keep the victim informed and consult with the victim through the delinquency proceedings. Added 2015, No. 153 (Adj. Sess.), § 22; amended 2021, No. 160 (Adj. Sess.), § 11, eff. June 1, 2022.

33 V.S.A. § 5235 Juvenile restitution

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 wages, and uninsured medical expenses. (b) When ordered, restitution may include: (1) return of property wrongfully taken from the victim; (2) cash, credit card, or installment payments paid to the Restitution Unit; and (3) payments in kind, if acceptable to the victim. (c) In awarding restitution, the court shall make findings in accordance with subdivision 5262(b)(2) of this title. (d) If restitution is ordered, the victim shall be entitled to payment from the Crime Victims’ Restitution Fund, pursuant to 13 V.S.A. § 5363. An order of restitution shall establish the amount of material loss incurred by the victim, which shall be the restitution judgment order. Every order of restitution shall include: (1) the juvenile’s name and address; (2) the name of the victim; (3) the amount ordered; and (4) any co-defendant names if applicable. (e) In the event the juvenile is unable to pay the restitution judgment order at the time of disposition, the court shall fix the amount thereof, which shall not exceed an amount the juvenile can or will be able to pay, and establish a restitution payment schedule based upon the juvenile’s current and reasonably foreseeable future ability to pay, subject to modification under section 5264 of this title. (f) The court shall transmit a copy of a restitution order to the Restitution Unit, which shall make payment to the victim in accordance with 13 V.S.A. § 5363. (g) To the extent that the Victims’ Compensation Board has made payment to or on behalf of the victim in accordance with 13 V.S.A. chapter 167, restitution, if imposed, shall be paid to the Restitution Unit, which shall make payment to the Crime Victims’ Compensation Fund. (h) When restitution is requested but not ordered, the court shall set forth on the record its reasons for not ordering restitution. (i) Any information concerning restitution payments made by a juvenile shall be available to the Vermont Restitution Unit for purposes of determining restitution obligations of adult and juvenile co-defendants. (j) In accordance with 13 V.S.A. § 5363, the Restitution Unit is authorized to make payments to victims of delinquent acts where restitution was ordered by a court prior to July 1, 2008, and the order was first entered on or after July 1, 2004. (k)(1) The Restitution Unit may bring an action to enforce a restitution order issued under this section in the Superior or Small Claims Court of the county where the offender resides or in the county where the order was issued. In an action under this subsection, a restitution order issued in a juvenile proceeding shall be enforceable in Superior or Small Claims Court in the same manner as a civil judgment. Superior and Small Claims Court filing fees shall be waived for an action under this subsection and for an action to renew a restitution judgment. (2) An action under this subsection may be brought only after the offender reaches 18 years of age and shall not be subject to any limitations period. (3) For purposes of this subsection, a restitution order issued in a juvenile proceeding shall not be confidential. The sealing of a juvenile record shall not affect the authority of the Restitution Unit to enforce a restitution order in the same manner as a civil judgment under subdivision (1) of this subsection. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2021, No. 160 (Adj. Sess.), § 4, eff. June 1, 2022.

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