§ 5231. Disposition hearing
(a) Timeline. A disposition hearing shall be held no later than 35 days after a finding that a child is delinquent.
(b) Hearing procedure. If disposition is contested, all parties shall have the right to present evidence and examine witnesses. Hearsay may be admitted and may be relied on to the extent of its probative value. If reports are admitted, the parties shall be afforded an opportunity to examine those persons making the reports, but sources of confidential information need not be disclosed.
(c) Standard of proof. If the court terminates the parental rights of one or both parents, the standard of proof on the issue of such termination shall be clear and convincing evidence. On all other issues, the standard of proof shall be a preponderance of the evidence.
(d) Termination of parental rights. If the Commissioner or the attorney for the child seeks an order terminating parental rights of one or both parents and transfer of custody to the Commissioner without limitation as to adoption, the court shall consider the best interests of the child in accordance with section 5114 of this title.
(e) Further hearing. On its own motion or the motion of a party, the court may schedule a further hearing to obtain reports or other information necessary for the appropriate disposition of the case. The court shall make an appropriate order for the temporary care of the child pending a final disposition order. The court shall give scheduling priority to cases in which the child has been removed from the home. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
Structure Vermont Statutes
Chapter 52 - Delinquency Proceedings
§ 5201. Commencement of delinquency proceedings
§ 5202. Order of adjudication; noncriminal
§ 5203. Transfer from other courts
§ 5204. Transfer from Family Division of the Superior Court
§ 5205. Fingerprints; photographs
§ 5206. Citation of 16- to 18-year-olds
§ 5206. Citation of 16- to 19-year-olds
§ 5221. Citation and notice to appear at preliminary hearing
§ 5224. Failure to appear at preliminary hearing
§ 5225. Preliminary hearing; risk assessment
§ 5227. Timelines for pretrial and merits hearing
§ 5228. Constitutional protections for a child in delinquency proceedings
§ 5234. Rights of victims in delinquency proceedings involving a listed crime
§ 5234a. Rights of victims in delinquency proceedings involving a nonlisted crime
§ 5252. Request for emergency care order
§ 5253. Emergency care order; conditional custody order
§ 5254. Notice of emergency care order and temporary care hearing
§ 5255. Temporary care hearing
§ 5257. Filing of initial case plan
§ 5258. Postdisposition review and permanency review for delinquents in custody
§ 5258a. Duration of conditional custody orders postdisposition
§ 5261. Powers and responsibilities of the Commissioner regarding juvenile probation
§ 5262. Conditions of probation
§ 5263. Juvenile probation certificate
§ 5264. Modification of conditions
§ 5265. Violation of conditions of probation
§ 5266. Summons, apprehension, and prehearing placement of juvenile probationer
§ 5268. Notice; violation hearing
§ 5269. Disposition alternatives upon violation of conditions of probation
§ 5271. Discharge from probation
§ 5272. Juvenile Justice Unit; Juvenile Justice Director
§ 5292. Detention in adult facilities of minors charged or adjudicated as delinquents