The Vermont Statutes Online

Title 33 : Human Services

Chapter 052 : Delinquency Proceedings

Subchapter 002 : Petition, Merits, and Disposition

• § 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.)