2005 Vermont Code - § 5514. — Detention; temporary care pending hearing

§ 5514. Detention; temporary care pending hearing

(a) A child taken into custody under section 5510 of this title and not immediately released to the child's parents, guardian or custodian, or delivered to a designated shelter, shall be by order of the court provided temporary shelter care or detention prior to a detention hearing on a petition held under this chapter or a hearing before a probate or other court upon a transfer thereto under section 5529(b) of this title in one or more of the following places:

(1) The home of the child's parents, guardian, custodian, or other suitable person designated by the court, upon their undertaking to bring the child before the court at the detention hearing,

(2) A licensed foster home or a home approved by the court.

(3) A facility operated by a licensed child caring agency.

(4) In the event that the child has been or will be or may be transferred under subsection 5529(b) of this title, in any other suitable place designated by the court.

(b) If the court concludes that a child taken into custody under section 5510 of this title may be found delinquent or in need of care or supervision, the court may transfer legal custody of the child to the commissioner pending a detention hearing. Unless ordered otherwise at or after the detention hearing, the commissioner shall have sole authority to place the child in a family home, a treatment, rehabilitative, detention, or educational institution or facility, subject to the provisions of section 5535 of this title.

(c) If a parent, guardian or custodian fails, when requested to bring a child before the court as provided in subdivision (a)(1) of this section, the court may issue its warrant directing that the child be taken into custody and brought before the court.

(d) A child shall not be detained under this section in a jail or other facility intended or used for the detention of adults, unless the child is alleged to have committed a crime punishable by death or life imprisonment, and it appears to the satisfaction of the court that public safety and protection reasonably require such detention.

(e) The official in charge of a jail or other facility intended or used for the detention of adult offenders or persons charged with crime shall inform the court immediately when a minor, who is or appears to be under the age of 18 years, is received at the facility other than pursuant to subsection (d) of this section or section 5530 of this title, and shall deliver the minor to the court upon request of the court, or transfer the minor to the detention facility designated by the court by order. (1967, No. 304 (Adj. Sess.), § 12; amended 1973, No. 152 (Adj. Sess.), § 9, eff. April 14, 1974; No. 246 (Adj. Sess.), § 8; 1985, No. 141 (Adj. Sess.), § 3; 1987, No. 182 (Adj. Sess.), § 3; 2005, No. 198 (Adj. Sess.), § 5, eff. Sept. 1, 2006.)