2005 Vermont Code - § 5513. — Criteria for detaining children; order of detention

§ 5513. Criteria for detaining children; order of detention

(a) A child taken into custody under section 5511(2) of this title shall not be detained prior to the hearing on a petition filed under the authority of this chapter unless an order for his detention has been made and filed by the juvenile court pursuant to the provisions of this chapter.

(b) The order for his detention or placement in shelter care shall contain the name of the place of his detention, the reason for his detention or shelter care, and the date, hour and place of the detention hearing to be held pursuant to section 5515 of this title. A copy of said order shall be immediately delivered by a law enforcement officer to a parent, guardian, or custodian of the child, if they can be found, or to a guardian ad litem, to the state's attorney having jurisdiction, to the commissioner of social and rehabilitation services if it appears that the child may be in need of care or supervision and to the commissioner of corrections if it appears that the child may be delinquent.

(c) The court may, in its discretion, release a child taken into custody under subdivision 5511(2) of this title under bail, on such terms as the court finds necessary and appropriate under all the circumstances.

(d) In any order detaining a child, the court shall make a written finding that a child's continued residence in the home is contrary to his or her welfare. This determination may be made on an ex parte basis, provided that it is reasonably supported by information presented to the court at the time of application. (1967, No. 304 (Adj. Sess.), § 11; amended 1973, No. 152 (Adj. Sess.), § 9, April 14, 1974; No. 246 (Adj. Sess.), § 7; 2005, No. 21, § 1.)