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33
V.S.A. ? 5255 |
West's
Vermont Statutes Annotated Currentness
Title
Thirty-Three. Human Services
Part
4. Juvenile Proceedings
Chapter 52. Delinquency Proceedings (Refs & Annos)
Subchapter 3. Children in Custody
?
5255. Temporary care hearing
(a)
A temporary care hearing shall be held within 72 hours of the issuance of an
emergency care order or conditional custody order under section 5253 of this
title. State holidays shall be excluded from the computation of 72 hours. If the
custodial parent, guardian, or custodian has not been notified in accordance
with section 5254 of this title and does not appear or waive appearance at the
temporary care hearing and files thereafter with the court an affidavit so
showing, the court shall hold another temporary care hearing within one business
day of the filing of the affidavit as if no temporary care hearing had
theretofore been held.
(b)
If the state's attorney is seeking a temporary care order, the state's attorney
shall file a petition on or before the temporary care hearing. If the state's
attorney elects not to file a petition, the state's attorney shall so notify the
court, and the court shall vacate any temporary orders.
(c)
The following persons shall be present at the temporary care
hearing:
(1)
The child.
(2)
The child's custodial parent, guardian, or custodian, unless he or she cannot be
located or fails to appear in response to notice.
(3)
The child's guardian ad litem.
(4)
An attorney for the child.
(5)
An attorney for the custodial parent, if requested.
(6)
A representative of the department.
(7)
The state's attorney.
(d)
A noncustodial parent and his or her attorney shall have the right to be present
at the hearing. The hearing shall not be delayed by reason of the inability of
the department to locate the noncustodial parent.
(e)
The department shall provide the following information to the court at the
hearing:
(1)
Any reasons for the child's removal which are not set forth in the affidavit
required pursuant to section 5252 of this title.
(2)
Services, if any, provided to the child and the family in an effort to prevent
removal.
(3)
The need, if any, for continued custody of the child with the department pending
a hearing to adjudicate the merits of the petition.
(4)
Services which could facilitate the return of the child to the custody of the
parent or guardian.
(5)(A)
The identity of a noncustodial parent and any relatives known to the department
who may be suitable, willing, and available to assume temporary custody of the
child.
(B)
With respect to any person whom the department identifies pursuant to this
subdivision, the department shall conduct an assessment of the suitability of
the person to care for the child. The assessment shall include consideration of
the person's ability to care for the child's needs, a criminal history record
as defined in 20 V.S.A. ? 2056a(a)(1) in accordance with subdivision (5)(C) of
this subsection, and a check of allegations of prior child abuse or neglect by
the person or by other adults in the person's home. The court may continue the
hearing if necessary to permit the department to complete the
assessment.
(C)
The department shall request from the Vermont criminal information center
criminal history record information for any person being considered to assume
temporary legal custody of the child pursuant to this subdivision. The request
shall be in writing and shall be accompanied by a release signed by the person.
The department through the Vermont criminal information center shall request
criminal history record information from the appropriate state criminal
repositories in all states in which it has reason to believe the person has
resided or been employed. If no disqualifying record is identified at the state
level, the department through the Vermont criminal information center shall
request from the Federal Bureau of Investigation a national criminal history
record check of the person's criminal history. The request to the FBI shall be
accompanied by a set of the person's fingerprints and a fee established by the
Vermont criminal information center. The Vermont criminal information center
shall send the department the criminal history record from any state repository
and the FBI of a person about whom a request is made under this
subdivision or inform the department that no record exists. The department shall
promptly provide a copy of the criminal history record, if any, to the person
and shall inform the person that he or she has the right to appeal the accuracy
and completeness of the record through the Vermont criminal information center.
Upon completion of the process under this subdivision, the person's fingerprint
card shall be destroyed.
(6)
Additional information as required by the Uniform Child Custody Jurisdiction Act
pursuant to 15 V.S.A. ? 1037 and the Indian
Child Welfare
Act pursuant to 25 U.S.C. ? 1901 et seq.
(f)
All parties shall have the right to present evidence on their own behalf and
examine witnesses. Hearsay, to the extent it is deemed relevant and reliable by
the court, shall be admissible. The court may in its discretion limit testimony
and evidence to only that which goes to the issues of removal, custody, and the
child's welfare.
(g)
The temporary care hearing shall also be a preliminary hearing on the
petition.
CREDIT(S)
2007,
Adj. Sess., No. 185, ? 2, eff. Jan. 1, 2009.
HISTORICAL
AND STATUTORY NOTES
2007,
Adj. Sess., No. 185, ? 14, provides:
"This
act shall take effect January 1, 2009 and shall apply to any petition filed
after the effect date or any permanency review hearing held after the effective
date."
33
V.S.A. ? 5255, VT ST T. 33 ? 5255
Current
through the laws of Adjourned Session of the 2009-2010
Vermont
General
Assembly
(2010).