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. § 5306)
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§ 5306. Notice of emergency care order and temporary care hearing
(a) Notice to custodial parent. An officer shall deliver a copy of the emergency care order or conditional custody
order to the custodial parent, guardian, or custodian of the child. If delivery cannot
be made in a timely manner, the officer shall otherwise notify or cause to be notified
the custodial parent of the order, the date, the time, and place of the temporary
care hearing, and the parent’s right to counsel. If the custodial parent, guardian,
or custodian cannot be located, the officer shall so certify to the court in an affidavit
describing the efforts made to locate such persons.
(b) Notice to noncustodial parent. The Department shall make reasonable efforts to locate any noncustodial parent and
provide the noncustodial parent with the emergency care order or conditional custody
order; notice of the date, hour, and place of the temporary care hearing; and right
to counsel. If the noncustodial parent cannot be located, the Department shall provide
to the court a summary of the efforts made to locate the parent.
(c) Failure to locate. The hearing shall not be delayed by reason of not being able to locate either the
custodial or noncustodial parent.
(d) Notice to other parties. The court shall notify the following persons of the date and time of the temporary
care hearing:
(1) The State’s Attorney.
(2) A representative of the Department.
(3) An attorney to represent the child.
(4) A guardian ad litem for the child.
(5) An attorney to represent each parent. The attorney may be court-appointed in the event
the parent is eligible, or may be an attorney who has entered an appearance on behalf
of a parent. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009.)