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H.618

Introduced by   Representatives Pugh of S. Burlington, Larson of Burlington and Martin of Springfield

Referred to Committee on

Date:

Subject:  Human services; children in need of care and supervision

Statement of purpose:  This bill proposes to increase from 15 to 22 the age at which a child may be adjudicated in need of care and supervision.

AN ACT RELATING TO INCREASING THE AGE LIMIT FOR CHILDREN IN NEED OF CARE AND SUPERVISION

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  33 V.S.A. § 5502 is amended to read: 

§ 5502.  DEFINITIONS AND PROVISIONS OF GENERAL APPLICATION

(a)  As used in this chapter, unless the context otherwise requires:

(1)  “Child” means an individual under the age of eighteen 22 years for the purposes of subdivision (12) of this subsection, or an individual who has committed an act of delinquency after becoming ten years of age and prior to becoming sixteen 16 years of age, for the purposes of subdivision (4) of this subsection, provided, however:

(A)  that an individual who is alleged to have committed an act specified in section subsection 5506(a) of this title after attaining the age of 10 but not the age of 14 may be treated as an adult as provided therein;

(B)  that an individual who is alleged to have committed an act specified in section subsection 5506(a) of this title after attaining the age of 14 but not the age of 16 shall be subject to criminal proceedings as in cases commenced against adults, unless transferred to juvenile court in accordance with this chapter;

(C)  that an individual who is alleged to have committed an act, before attaining the age of 10, which would be murder as defined in section 2301 of Title 13 if committed by an adult may be subject to delinquency proceedings;

(D)  that an individual may be considered a child for the period of time the juvenile court retains jurisdiction under section 5504 of this title; and

(E)  that an individual shall not be adjudicated a child in need of care and supervision under subdivision (12)(C) of this subsection unless a petition seeking adjudication has been filed prior to the individual becoming sixteen 22 years of age.

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Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us