The Vermont Statutes Online

Title 33 : Human Services

Chapter 052 : Delinquency Proceedings

Subchapter 001 : COMMENCEMENT OF PROCEEDINGS.

• § 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) If the proceeding is commenced by transfer from another court, no petition need be filed; however, the State’s Attorney shall provide to the court the name and address of the child’s custodial parent, guardian, or custodian and the name and address of any noncustodial parent if known.

  (c)(1) Any proceeding concerning a child who is alleged to have committed an act specified in subsection 5204(a) of this title after attaining 14 years of age, but not 22 years of age, shall originate in the Criminal Division of the Superior Court, provided that jurisdiction may be transferred in accordance with this chapter and chapter 52A of this title, unless the State’s Attorney files the charge directly as a youthful offender petition in the Family Division.

  (2)(A) Any proceeding concerning a child who is alleged to have committed one of the following acts after attaining 14 years of age, but not 22 years of age, shall originate in the Criminal Division of the Superior Court, provided that jurisdiction may be transferred in accordance with this chapter and chapter 52A of this title, unless the State’s Attorney files the charge directly as a youthful offender petition in the Family Division:

  (i) a violation of a condition of release as defined in 13 V.S.A. § 7559 imposed by the Criminal Division for any of the offenses listed in subsection 5204(a) of this title; or

  (ii) a violation of a condition of release as defined in 13 V.S.A. § 7559 imposed by the Criminal Division for an offense that was transferred from the Family Division pursuant to section 5204 of this title.

  (B) This subdivision (2) shall not apply to a proceeding that is the subject of a final order accepting the case for youthful offender treatment pursuant to subsection 5281(d) of this title.

  (3) Any proceeding concerning a child who is alleged to have committed one of the following acts after attaining 16 years of age, but not 22 years of age, shall originate in the Criminal Division of the Superior Court, provided that jurisdiction may be transferred in accordance with this chapter and chapter 52A of this title, unless the State’s Attorney files the charge directly as a youthful offender petition in the Family Division:

  (A) using a firearm while committing a felony in violation of 13 V.S.A. § 4005, or an attempt to commit that offense;

  (B) trafficking a regulated drug in violation of 18 V.S.A. chapter 84, subchapter 1, or an attempt to commit that offense; or

  (C) aggravated stalking as defined in 13 V.S.A. § 1063(a)(3), or an attempt to commit that offense.

  [Subsection (d) effective until April 1, 2025. See also subsection (d) effective April 1, 2025, set out below.]

  (d) Any proceeding concerning a child who is alleged to have committed any offense other than those specified in subsection 5204(a) of this title or subdivision (c)(2) or (3) of this section before attaining 19 years of age shall originate in the Family Division of the Superior Court, provided that jurisdiction may be transferred in accordance with this chapter.

  [Subsection (d) effective April 1, 2025. See also subsection (d) effective until April 1, 2025, set out above.]

  (d) Any proceeding concerning a child who is alleged to have committed any offense other than those specified in subsection 5204(a) of this title or subdivision (c)(2) or (3) of this section before attaining 20 years of age shall originate in the Family Division of the Superior Court, provided that jurisdiction may be transferred in accordance with this chapter.

  (e) [Repealed.]

  (f) If the State requests that custody of the child be transferred to the Department, a temporary care hearing shall be held as provided in subchapter 3 of this chapter.

  (g) A petition may be withdrawn by the State’s Attorney at any time prior to the hearing thereon, in which event the child shall be returned to the custodial parent, guardian, or custodian, the proceedings under this chapter terminated, and all files and documents relating thereto sealed under section 5119 of this title. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2011, No. 159 (Adj. Sess.), § 2; 2015, No. 153 (Adj. Sess.), § 9, eff. Jan. 1, 2017; 2017, No. 201 (Adj. Sess.), § 13, eff. July 1, 2020; 2017, No. 201 (Adj. Sess.), § 17, eff. July 1, 2024; 2019, No. 45, § 3, eff. May 30, 2019; 2023, No. 23, § 2, eff. May 30, 2023; 2023, No. 125 (Adj. Sess.), § 1, eff. July 1, 2024; 2023, No. 125 (Adj. Sess.), § 7, eff. April 1, 2025.)