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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. § 5318)
  • § 5318. Disposition order

    (a) Custody. At disposition, the court shall make such orders related to legal custody for a child who has been found to be in need of care and supervision as the court determines are in the best interest of the child, including:

    (1) An order continuing or returning legal custody to the custodial parent, guardian, or custodian. The order may be subject to conditions and limitations.

    (2) When the goal is reunification with a custodial parent, guardian, or custodian an order transferring temporary custody to a noncustodial parent, a relative, or a person with a significant relationship with the child. The order may provide for parent-child contact.

    (3) An order transferring legal custody to a noncustodial parent and closing the juvenile proceeding. The order may provide for parent-child contact with the other parent. Any orders transferring legal custody to a noncustodial parent issued under this section shall not be confidential and shall be made a part of the record in any existing parentage or divorce proceeding involving the child. On the motion of a party or on the court's own motion, the court may order that a sealed copy of the disposition case plan be made part of the record in a divorce or parentage proceeding involving the child.

    (4) An order transferring legal custody to the Commissioner.

    (5) An order terminating all rights and responsibilities of a parent by transferring legal custody and all residual parental rights to the Commissioner without limitation as to adoption.

    (6) An order of permanent guardianship pursuant to 14 V.S.A. § 2664.

    (7) An order transferring legal custody to a relative or another person with a significant relationship with the child. The order may be subject to conditions and limitations and may provide for parent-child contact with one or both parents. The order shall be subject to review pursuant to subdivision 5320a(b) of this title.

    (b) Case plan. If the court orders the transfer of custody pursuant to subdivision (a)(2), (4), or (5) of this section, the court shall establish a permanency goal for the minor child and adopt a case plan prepared by the Department which is designed to achieve the permanency goal. If the court determines that the plan proposed by the Department does not adequately support the permanency goal for the child, the court may reject the plan proposed by the Department and order the Department to prepare and submit a revised plan for court approval.

    (c) Sixteen- to 17.5-year-olds. In the event that custody of a 16- to 17.5-year-old is transferred to the Department pursuant to a petition filed under subsection 5309(d) of this title services to the child and to his or her family shall be provided through a coordinated effort by the Agencies of Human Services and of Education and community-based interagency teams.

    (d) Modification. A disposition order is a final order which may only be modified based on the stipulation of the parties or pursuant to a motion to modify brought under section 5113 of this title.

    (e) Findings. Whenever the court orders the transfer of legal custody to a noncustodial parent, a relative, or a person with a significant relationship with the child, such orders shall be supported by findings regarding the suitability of that person to assume legal custody of the child and the safety and appropriateness of the placement.

    (f) Conditions. Conditions shall include protective supervision with the Department if such a condition is not in place under the terms of an existing temporary care or conditional custody order. Protective supervision shall remain in effect for the duration of the order to allow the Department to take reasonable steps to monitor compliance with the terms of the conditional custody order. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009; amended 2013, No. 92 (Adj. Sess.), § 301, eff. Feb. 14, 2014; 2015, No. 170 (Adj. Sess.), § 6, eff. Sept. 1, 2016.)