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Searching 2023-2024 Session

The Vermont Statutes Online


Title 33 : Human Services


(Cite as: 33 V.S.A. § 5311)
  • § 5311. Service of summons and petition; no request for temporary care order

    (a) When the State’s Attorney files a petition but does not request a temporary care order, the court shall set a date for a preliminary hearing on the petition no later than 15 days from the date the petition is filed and issue a judicial summons addressed to the custodial parent, guardian, custodian, or care provider. A copy of the petition shall be attached to the summons. The court shall make reasonably diligent efforts to serve a noncustodial parent with a copy of the summons and petition.

    (b) The summons shall contain:

    (1) the name and address of the person to whom the notice is directed;

    (2) the date, time, and place for the preliminary hearing on the petition;

    (3) the name of the minor on whose behalf the petition has been brought;

    (4) notice of a parent’s right to counsel;

    (5) a statement that the parent, guardian, or custodian may be liable for the cost of the support of a child if the child is placed in the legal custody of the Department; and

    (6) an order directing the parent, guardian, custodian, or care provider to appear at the hearing with the child.

    (c) The summons and petition may be served by mailing a copy by certified mail return receipt requested to the child and to the child’s parent, guardian, custodian, or care provider. Service of the summons and petition may also be made by any sheriff, deputy, or constable. The court shall provide a copy of the summons to the State’s Attorney and a copy of the summons and petition to the Department and the attorney for the child.

    (d) Notice and a copy of the petition shall be served on all persons required to receive notice as soon as possible after the petition is filed and at least five days prior to the date set for the preliminary hearing.

    (e) A party may waive service of the petition and notice by written stipulation or by voluntary appearance at the hearing.

    (f) Once a parent, guardian, or custodian has been served, the court shall provide notice of hearing either directly or by mail. The parent shall be responsible for providing the court with information regarding any changes in address. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009; amended 2021, No. 105 (Adj. Sess.), § 623, eff. July 1, 2022.)