§ 5291. Detention or treatment of individuals charged as delinquents in secure facilities
for the detention or treatment of delinquent children
(a) Prior to disposition, the court shall have the sole authority to place a child who
is in the custody of the Department in a secure facility used for the detention or
treatment of delinquent children until the Commissioner determines that a suitable
placement is available for the child. The court shall not order placement in a secure
facility without a recommendation from the Department that placement in a secure facility
is necessary. The court order shall include a finding that no other suitable placement
is available and the child presents a risk of injury to himself or herself, to others,
or to property.
(b) Absent good cause shown and notwithstanding section 5227 of this title, when a child is placed in a secure facility pursuant to subsection (a) of this section
and remains in a secure facility for 45 days following the preliminary hearing, the
merits hearing shall be held and merits adjudicated within 45 days of the date of
the preliminary hearing or the court shall dismiss the petition with prejudice. If
merits have been found, the court shall review the secure facility placement order
at the merits hearing.
(c) If a child is placed in a secure facility pursuant to subsection (a) of this section
and secure facility placement continues following the merits hearing review pursuant
to subsection (b) of this section, the court shall, within 35 days of the merits adjudication:
(1) hold the disposition hearing; or
(2) if disposition is not held within 35 days, hold a hearing to review the continued
secure facility placement.
(d) A child placed in a secure facility on an order pursuant to subsection (a), (b), or
(c) of this section with a finding that no other suitable placement is available and
the child presents a risk of harm to others or to property shall be entitled to an
independent, second evidentiary hearing, which shall be a hearing de novo by a single
justice of the Vermont Supreme Court. The Chief Justice may make an appointment or
special assignment in accordance with 4 V.S.A. § 22 to conduct the de novo hearing required by this subsection. Unless the parties stipulate
to the admission of portions of the trial court record, the de novo review shall be
a new evidentiary hearing without regard to the record compiled before the trial court.
(e) Following disposition, the Commissioner shall have the sole authority to place a child
who is in the custody of the Department in a secure facility for the detention or
treatment of delinquent children pursuant to the Department’s administrative policies
on admission. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2011, No. 3, § 96, eff. Feb. 17, 2011; 2017, No. 72, § 6, eff. July 1, 2018; 2019, No. 124 (Adj. Sess.), § 10; 2021, No. 105 (Adj. Sess.), § 620, eff. July 1, 2022.)