2005 Vermont Code - § 5517. — Filing of a petition

§ 5517. Filing of a petition

(a) Upon the request of the commissioner of social and rehabilitation services, a licensed child caring agency, family service agency or the superintendent of the school district in which the child is enrolled, the state's attorney having jurisdiction shall prepare and file a petition alleging that a child is in need of care or supervision. He shall also file such petition upon the request of any person who has knowledge of the facts alleged, upon a showing by such person included in the petition that he had referred the matter to the commissioner of social and rehabilitation services not less than fifteen nor more than thirty days prior to the date of his request to the state's attorney and that the commissioner had not requested the state's attorney having jurisdiction to file a petition under this chapter with respect to that child.

(b) The state's attorney having jurisdiction may prepare and file a petition alleging that a child is delinquent on his own knowledge or upon the request of any person, including a law enforcement officer, who has knowledge of the facts alleged.

(c) In the case of an allegation that a child is in need of care or supervision, the commissioner of social and rehabilitation services shall deliver to the state's attorney having jurisdiction prior to the hearing on the petition a report containing the record of the facts and circumstances of the case.

(d) [Repealed, effective July 1, 1997.]

(e) Notwithstanding laws to the contrary in this chapter, the agency of human services may file a petition pursuant to subsections (a) and (c) of this section alleging that a 16- to 17.5-year-old youth who is not in the custody of the state is a child in need of care or supervision under subdivision 5502(a)(12)(C) of this title when the child is at high risk of serious harm to himself or herself or others due to problems such as substance abuse, prostitution, or homelessness, and whose needs transcend any one department of the agency of human services and require complicated clinical interventions from multiple organizations. The report required by subsection (c) of this section shall set forth facts supporting the specific requirements of this section and that it is in the best interests of the child to be considered as a child in need of care or supervision. If the court finds all of the allegations set forth in the report have been established, it shall find the child is a child in need of care or supervision. All proceedings initiated pursuant to this section shall be conducted in accordance with the requirements of this chapter. Services to the child and his or her family shall be provided through a coordinated effort by the agency of human services, the department of education, and community-based interagency teams. (1967, No. 304 (Adj. Sess.), § 15; amended 1973, No. 152 (Adj. Sess.), § 9, eff. April 14, 1974; No. 246 (Adj. Sess.), § 9; 1995, No. 178 (Adj. Sess.), §§ 301, 304; 2003, No. 122 (Adj. Sess.), § 105a.)