2005 Vermont Code - § 5515. — Release from temporary care; detention hearing

§ 5515. Release from temporary care; detention hearing

(a) Within 48 hours of the filing of an order of the juvenile court under section 5513 of this title, the court shall hold a detention hearing for the sole purpose of determining to the satisfaction of the court that the continued detention of the child would be to his best interests and welfare or that public safety and protection reasonably require such detention. The court may, in its discretion or upon good cause shown, grant an extension of the time within which such detention hearing shall be held, but for no longer than one additional period of 24 hours.

(b) If the parent, guardian or custodian has not been notified in accordance with subsection 5513(b) of this title, and does not appear or waive appearance at the detention hearing, and files thereafter with the court an affidavit so showing, the court shall hold another detention hearing within 24 hours of the filing of the affidavit, as if no detention hearing had theretofore been held.

(c) In the event that the court finds, upon the detention hearing, that the continued detention of the child would not be to his best interests and welfare and that public safety and protection do not reasonably require such detention, the court shall forthwith order the child released to his parent, guardian or custodian.

(d) If a petition with respect to the child has been filed with the court under section 5517 of this title during or prior to the detention hearing, and in the event the court finds, upon the detention hearing, that the continued detention of the child would be to the child's best interests and welfare or that public safety and protection reasonably require such detention, it shall forthwith order the continued detention or custody of the child pending the full hearing held under section 5519 of this title. Upon a finding at the detention hearing that no other suitable placement is available and the child presents a risk of injury to him or herself, to others or to property, the court may order that the child be placed in a secure facility used for the detention of delinquent children until the commissioner determines that a suitable placement is available for the child. Alternatively, the court may order that the child be placed at a secure facility used for the detention of delinquent children for up to seven days. Any order for placement at a secure facility shall expire at the end of the seventh day following its issuance unless, after hearing, the court extends the order for a time period not to exceed seven days.

(e) A petition may be withdrawn at any time prior to the hearing thereon by the person who had requested the same, in which event the child shall be released from any detention, the proceedings under this chapter terminated, and all files and documents relating thereto sealed under section 5538 of this title.

(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 involuntarily.

(g) If, at the conclusion of the detention hearing, the court is not prepared to make findings on whether reasonable efforts were made to prevent the removal of the child from the home, that determination shall be made at the next scheduled hearing in the case but, in any event, no later than 60 days after the issuance of the initial order removing a child from the home.

(h) Any order detaining a child shall be based on a factual finding that it is contrary to the child's welfare to remain in the home. (1967, No. 304 (Adj. Sess.), § 13; amended 2005, No. 21, § 2; 2005, No. 198 (Adj. Sess.), §§ 6, 7, eff. Sept. 1, 2006.)