The Vermont Statutes Online

Title 33 : Human Services

Chapter 051 : General Provisions

• § 5123. Transportation of a child [Effective until January 1, 2027; see also version effective January 1, 2027 set out below]

  (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 physical and psychological trauma;

  (2) respects the privacy of the child; and

  (3) represents the least restrictive means necessary for the safety of the child.

  (b) The Commissioner for Children and Families shall have the authority to select the person or persons who may transport a child under the Commissioner’s care and custody.

  (c) The Commissioner shall ensure supervisory review of every decision to transport a child using mechanical restraints. When transportation with restraints for a particular child is approved, the reasons for the approval shall be documented in writing.

  (d) It is the policy of the State of Vermont that mechanical restraints are not routinely used on children subject to this chapter unless circumstances dictate that such methods are necessary. (Added 2009, No. 28, § 2, eff. May 21, 2009.)

• § 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 meaning as in section 5130 of this chapter.

  (3) “Physical restraint” has the same meaning as in section 5130 of this chapter.

  (4) “Secure transport” means transport in a vehicle with disabled internal controls for rear door handles and window switches, requiring the driver to open them from the outside, or with a safety partition installed to separate the driver from the passenger compartment. “Secure transport” includes any vehicle being driven by a law enforcement officer.

  (5) “Soft restraint” has the same meaning as in section 5130 of this chapter.

  (6) “Waist shackles” means a mechanical restraint device, typically a chain, used around the waist and to which the child’s wrists may be chained or cuffed.

  (b) 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) prevents physical and psychological trauma;

  (2) respects the privacy of the child; and

  (3) represents the least restrictive means necessary for the safety of the child.

  (c) The Commissioner for Children and Families shall have the authority to designate the professional or law enforcement officers transporting children and shall authorize the method of transport. A contract for transportation services shall include the requirements in this section. Transportation services with noncontracted law enforcement officers shall only be authorized in emergency situations or by court order.

  (d) The Commissioner shall provide education materials complying with this section that outline the legal requirements for the secure transportation of children to individuals designated pursuant to subsection (c) of this section and shall obtain verification that all designated individuals have reviewed the education materials.

  (e) Secure transport shall only be used when the Department determines and documents why it is necessary to prevent the risk of serious physical harm to the child or others, based upon an individualized risk assessment.

  (f) It is the policy of the State of Vermont that mechanical restraints are not routinely used on children subject to this chapter unless circumstances dictate that such methods are necessary. Soft restraints shall be the first option for restraint, and other mechanical restraints shall not be utilized as a substitute for soft restraints if the soft restraints are deemed adequate for safety.

  (g) An entity contracted pursuant to subsection (c) of this section shall provide documentation to the Department for the use of restraints when:

  (1) the entity believes that the risk of serious physical harm to the child or others requires the use of soft restraints before or during the transport, including a description as to why less restrictive interventions could not reasonably be attempted or why the attempted use of less restrictive interventions was unsuccessful;

  (2) the entity believes that the risk of serious physical harm to the child or others was such that soft restraints were not adequate for safety and shall include a description as to which restraint was used and why soft restraints were deemed inadequate for preventing the risk of serious physical harm to the child or others; or

  (3) the use of waist shackles was determined to be the sole means of preventing serious physical harm to the child or others and shall include a description as to why waist shackles were the sole means of preventing the risk of serious physical harm to the child or others.

  (h) Documentation for the use of restraints shall be completed prior to transport unless the circumstances that required their use occurred during the course of the transport, in which case the documentation shall occur after completion of the transport.

  (i) The use of waist shackles shall be prohibited on children 12 years of age or younger. The use of waist shackles on children 13 years of age or older shall be assessed and determined to be the sole means of preventing serious physical harm to the child or others and documented accordingly. Only designated law enforcement agencies shall use waist shackles on a child transported pursuant to this section.

  (j) The Commissioner shall ensure supervisory review by the Department of all documentation required by this section.

  (k)(1) Annually, on or before January 15, the Department for Children and Families shall submit a written report to the House Committee on Human Services; the Senate Committee on Health and Welfare; and the Office of the Child, Youth, and Family Advocate addressing the number of secure transports of children during the previous year, including, for those transported with restraints:

  (A) the age, gender, and racial background of the children transported;

  (B) the number of children transported using mechanical restraints;

  (C) whether the transport was conducted by law enforcement or a private agency;

  (D) when applicable, the type of mechanical restraint;

  (E) the type of custody children were in when transport occurred; and

  (F) the purpose of the transport.

  (2) Once the Department has upgraded its technological capacity in a manner that enables it to collect responsive data, information specific to subdivisions (1)(B), (C), (E), and (F) of this subsection shall be collected and included in the annual report with regard to all secure transports.

  (l) Annually, on or before January 15, the Department of State’s Attorneys and Sheriffs shall submit a written report to the House Committee on Human Services; the Senate Committee on Health and Welfare; the Department for Children and Families; and the Office of the Child, Youth, and Family Advocate addressing the number of court-ordered transports of minors conducted by the State transport deputies pursuant to 24 V.S.A. § 290(b) during the previous year, including:

  (1) the date of birth of transported minors;

  (2) whether restraint was used during transport;

  (3) if restraint was used, the type of restraint;

  (4) whether the minor’s case was a delinquency, youthful offender, or criminal proceeding; and

  (5) the purpose of the transport. (Added 2009, No. 28, § 2, eff. May 21, 2009; amended 2025, No. 136 (Adj. Sess.), § 9, eff. January 1, 2027.)