The Vermont Statutes Online

Title 33: Human Services

Chapter 52: DELINQUENCY PROCEEDINGS

Sub-Chapter 02: Petition, Merits, And Disposition

33 V.S.A. § 5231. Disposition hearing



§ 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.)