2005 Vermont Code - § 5502. — Definitions and provisions of general application

§ 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 18 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 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 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 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 16 years of age.

(2) "Custodian" means a person other than a parent or legal guardian to whom legal custody of the child has been given by order of the juvenile court.

(3) "Delinquent act" means an act designated a crime under the laws of this state, or of another state if the act occurred in another state, or under federal law, provided, however, that it shall not include:

(A) Snowmobile offenses in subchapter 1 and motorboat offenses in subchapter 2 of chapter 29 of Title 23 that are committed by any individual except for violations of sections 3207a, 3207b, 3207c, 3207d and 3323.

(B) Motor vehicle offenses committed by an individual after becoming 16 years of age except for violations of subchapter 13 of chapter 13 and of section 1091 of Title 23.

(4) "Delinquent child" means a child who has committed a delinquent act.

(5) "Detention" means the temporary care of children who require secure custody for their own or the community's protection in physically restricting facilities pending court disposition.

(6) "Guardianship of the person of a minor" means the legal status created by order of the juvenile court under the authority of this chapter which invests in a party to a proceeding under this chapter or another person, which party or person may also be the legal custodian of the minor, the following rights:

(A) the authority to consent to marriage, and to enlistment in the armed forces of the United States; to represent the minor in legal actions; to make other decisions concerning the minor of substantial legal significance;

(B) the authority and duty of reasonable visitation, except to the extent that such right of visitation has been limited by court order;

(C) the authority to consent to the adoption of the minor if so specifically ordered by the court.

(7) "Judge" means a judge of the juvenile court.

(8) "Juvenile court" means the district court established under chapter 9 of Title 4 acting under the authority of this chapter.

(9) "Law enforcement officer" means a state police officer, sheriff, deputy sheriff, municipal police officer, or constable.

(10) "Legal custody" means the legal status created by order of the juvenile court under the authority of this chapter which invests in a party to a proceeding under this chapter or another person, which party or person may also be the guardian of the person of the minor, the right to have the physical possession of a minor and to determine where and with whom he shall live, the authority to consent to major medical, psychiatric, and surgical treatment, and the right and duty to protect, train, and discipline him and to provide him with food, shelter, education and ordinary medical care, all subject to the powers, rights, duties and responsibilities of the guardian of the person of the minor and subject to any residual parental rights and responsibilities.

(11) "Minor" means an individual under the age of 18 years.

(12) "Child in need of care or supervision" means a child who:

(A) Has been abandoned or abused by his parents, guardian or other custodian; or

(B) Is without proper parental care or subsistence, education, medical, or other care necessary for his well-being; or

(C) Is without or beyond the control of his parents, guardian or other custodian, or being subject to compulsory school attendance, is habitually and without justification truant from school.

(13) "Party" means the child with respect to whom the proceedings are brought and any of the persons or agencies named in the order directing the issuance of a summons referred to in section 5519 of this title.

(14) "Probation" means the legal status created by order of the family court in proceedings involving a violation of law whereby a juvenile is permitted to remain in a community subject to supervision by the commissioner of social and rehabilitation services under conditions specified in the court's juvenile probation certificate and subject to return to and change of legal status by the family court for violation of conditions of probation at any time during the period of probation.

(15) "Protective supervision" means the legal status created by order of the juvenile court under the authority of this chapter whereby a person is permitted to remain in a community subject to supervision by an agency designated by the court and subject to return to and change of legal status by the juvenile court during the period of protective supervision.

(16) "Residual parental rights and responsibilities" means those rights and responsibilities remaining with the parent after the transfer of legal custody or guardianship of the person of the minor, including, but not necessarily limited to, the right to reasonable visitation, the responsibility for support, and, subject to subdivision (a)(6) of this section, consent to adoption.

(17) "Shelter" means the temporary care of children in physically unrestricting facilities pending court disposition.

(18) A "youthful offender" means an offender who has been found to be a youthful offender pursuant to section 5529b of this title.

(19) "Listed crime" means the same as defined in 13 V.S.A. § 5301.

(b) The commissioner of social and rehabilitation services or the commissioner of corrections may delegate any authority conferred on him by statute to any designee named by him in writing. (1967, No. 304 (Adj. Sess.), § 2; amended 1969, No. 16, § 9, eff. March 11, 1969; 1969, No. 289 (Adj. Sess.), § 2; 1971, No. 90, § 16; 1973, No. 152 (Adj. Sess.), § 9, eff. April 14, 1974; No. 246 (Adj. Sess.), §§ 2, 3, 21; 1981, No. 1 (Sp. Sess.), § 1, eff. July 17, 1981; 1991, No. 125, (Adj. Sess.), § 1, eff. April 10, 1992; 1993, No. 178 (Adj. Sess.), § 1 ; No. 234 (Adj. Sess.), § 20, eff. Nov. 1, 1994; 1995, No. 178 (Adj. Sess.), § 302; 1997, No. 116 (Adj. Sess.), § 2; 2003, No. 73 (Adj. Sess.), § 2, eff. March 1, 2004.)