The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 33 V.S.A. § 5305)
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§ 5305. Emergency care order; conditional custody order
(a) Transfer of temporary custody. If the court determines that the child’s continued residence in the home is contrary
to the child’s welfare, the court may issue an emergency care order transferring temporary
custody of the child to the Department pending a temporary care hearing. The determination
may be made ex parte, provided that it is reasonably supported by the affidavit prepared
in accordance with section 5302 of this title.
(b) Contents of emergency care order. The emergency care order shall contain:
(1) a written finding that the child’s continued residence in the home is contrary to
the child’s welfare and the factual allegations that support that finding;
(2) the date, hour, and place of the temporary care hearing to be held pursuant to section 5307 of this title; and
(3) notice of a parent’s right to counsel at the temporary care hearing.
(c) Conditional custody order. If the court determines that the child may safely remain in the custody of the custodial
parent, guardian, or custodian subject to such conditions and limitations necessary
and sufficient to protect the child pending a temporary care hearing, the court may
deny the request for an emergency care order and issue an emergency conditional custody
order. An emergency conditional custody order shall contain the date, hour, and place
of the temporary care hearing and notice of a parent’s right to counsel at the hearing. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009.)