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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 33 : Human Services

Chapter 053 : CHILDREN IN NEED OF CARE OR SUPERVISION

(Cite as: 33 V.S.A. § 5306)
  • § 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.)