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H.515

 

An act relating to judicial determinations in juvenile proceedings

     The Senate proposes to the House to amend the bill in Sec. 2, 33 V.S.A.

§ 5515, by striking out subsection (f) in its entirety and inserting in lieu thereof the following:

(f)  At the conclusion of the detention hearing, the court shall make written findings on whether reasonable efforts were made to prevent unnecessary removal of the child from the home.  “Reasonable efforts” means the exercise of due diligence by the department for children and families to use appropriate and available services to prevent unnecessary removal of the child from the home.  When making the reasonable efforts determination, the court may find that no services were appropriate or reasonable considering the circumstances.  If the court makes written findings that aggravated circumstances are present, the court may make, but shall not be required to make, written findings as to whether reasonable efforts were made to prevent removal of the child from the home.  Aggravated circumstances may include:

(1)  a court of competent jurisdiction has determined that the parent has subjected a child to abandonment, torture, chronic abuse, or sexual abuse;

(2)  a court of competent jurisdiction has determined that the parent has been convicted of murder or manslaughter of a child;

(3)  a court of competent jurisdiction has determined that the parent has been convicted of a felony crime that results in serious bodily injury to the child or another child of the parent; or

(4)  the parental rights of the parent with respect to a sibling have been terminated.

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us