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.
Subchapter
001
:
INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN[CONTINGENTLY ENACTED]
(Cite as: 33 V.S.A. § 5906)
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§ 5906. Institutional care of delinquent children—Article VI [Contingently repealed; effective
until contingency met]
A child adjudicated delinquent may be placed in an institution in another party jurisdiction
pursuant to this compact but no such placement shall be made unless the child is given
a court hearing on notice to the parent or guardian with opportunity to be heard,
prior to his or her being sent to such other party jurisdiction for institutional
care and the court finds that:
(1) equivalent facilities for the child are not available in the sending agency’s jurisdiction;
and
(2) institutional care in the other jurisdiction is in the best interest of the child
and will not produce undue hardship. (Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972.)
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§ 5906. Institutional care of delinquent children—Article VI [Contingently repealed; effective
until contingency met]
(Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972; contingently repealed by 2021, No. 101 (Adj. Sess.), § 1.)
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§ 5906. Placement authority [Contingently enacted]
(a) Except as otherwise provided in this Compact, no child subject to this Compact shall
be placed into a receiving state until approval for such placement is obtained.
(b) If the public child placing agency in the receiving state does not approve the proposed
placement, then the child shall not be placed. The receiving state shall provide written
documentation of any such determination in accordance with the rules promulgated by
the Interstate Commission. Such determination is not subject to judicial review in
the sending state.
(c) If the proposed placement is not approved, any interested party shall have standing
to seek an administrative review of the receiving state’s determination.
(1) The administrative review and any further judicial review associated with the determination
shall be conducted in the receiving state pursuant to its applicable Administrative
Procedures Act.
(2) If a determination not to approve the placement of the child in the receiving state
is overturned upon review, the placement shall be deemed approved; provided, however,
that all administrative or judicial remedies have been exhausted or the time for such
remedies has passed. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)