2005 Vermont Code - § 5527. — Continuation of hearing; disposition report

§ 5527. Continuation of hearing; disposition report

(a) Immediately upon a finding of delinquency or that a child is in need of care or supervision under section 5526 of this title, and prior to the date fixed under section 5526(b) of this title for the continuation of hearing, a disposition report to the court in writing shall be made by the commissioner of social and rehabilitation services in the event the finding is that a child is in need of care or supervision or by the commissioner of corrections in the event the finding is of delinquency. Neither disposition report nor the report prepared by the commissioner of social and rehabilitation services under section 5517(c) of this title shall be used or referred to as evidence prior to the finding of delinquency or that a child is in need of care or supervision. A disposition report may be waived in connection with a petition alleging a delinquent act which is a traffic offense.

(b) The disposition report required in accordance with subsection (a) of this section shall include as appropriate:

(1) An assessment of the child's medical, psychological, social, educational and vocational needs;

(2) A description of the resources in the child's home, school and community;

(3) A statement of the goals and objectives of treatment;

(4) A recommendation as to disposition of the case including the case plan, and if possible, the length of time the child may benefit from the plan; and

(5) A recommendation from the parties. The commissioner shall explain at the disposition hearing, if requested, why the recommendations provided for in this subdivision were accepted, rejected, or modified. In preparing this report, the assistance of local school officials, state and community agencies and mental health centers may be obtained.

(c) If, at the continuation of hearing, the court finds after consideration of the disposition report that the child is not in need of treatment or rehabilitation, it shall dismiss the proceeding and discharge the child from any detention or other temporary care theretofore ordered therein, and all files and documents relating thereto shall be sealed under section 5538 of this title, or, if the proceeding was before the juvenile court upon a transfer under section 5505(b) of this title, may direct the retransfer of the proceeding to the court from which such transfer was initially made, for further proceedings under the criminal laws of this state. Notwithstanding the other provisions of this chapter, in the event of such retransfer, all of the records and files of the juvenile court relating to that proceeding shall be delivered to that court to which such retransfer is made.

(d) In a continuation of hearing held pursuant to section 5526(b) of this title in order to determine the disposition to be made, all information helpful in determining the questions presented, including oral and written reports and including the disposition report submitted under this section, may be admitted and may be relied upon to the extent of its probative value, even though not competent in the initial hearing on the petition. The parties or their counsel shall be afforded an opportunity to examine those making the reports but sources of confidential information need not be disclosed.

(e) On its own motion or that of a party, the court may further continue the hearing for a reasonable period to receive reports and other information bearing on the disposition or need for treatment, and, in such event, shall make an appropriate order for detention or temporary care of the child or the continuation thereof or his release from detention or temporary care subject to supervision of the court during the period of the continuance. In scheduling investigations and hearings, the court shall give priority to proceedings in which a child is detained or has otherwise been removed from his home before an order of disposition has been made. (1967, No. 304 (Adj. Sess.), § 25; amended 1969, No. 289 (Adj. Sess.), § 3; 1973, No. 152 (Adj. Sess.), § 9, eff. April 14, 1974; No. 246 (Adj. Sess.), § 13; 1995, No. 147 (Adj. Sess.), § 4.)