2005 Vermont Code - § 5529. — Disposition of delinquent child

§ 5529. Disposition of delinquent child

(a) If a child is found by a juvenile court on proceedings under this chapter to be a delinquent child, the court may, if it finds there is no evidence that the child is committable to an institution for the mentally defective, retarded, or mentally ill, make at any time thereafter any of the following orders of disposition most suited to his treatment, rehabilitation, and welfare:

(1) Place the child under protective supervision, subject to such conditions and limitations as the court may prescribe. If the child is placed in protective supervision, the department shall have the authority to take reasonable steps to monitor the court's order,

(2) Place the child on probation under such conditions and limitations as the court may prescribe,

(3) Transfer legal custody to the commissioner of social and rehabilitation services, who may place the child under his or her supervision and authority in a family home, a treatment, rehabilitative, or educational institution or facility, or a hospital as the commissioner may determine in his or her judgment to be in the best interests of the child, subject, however, to the provisions of section 5535 of this title.

(b) If the court finds after hearing that, with respect to a child alleged to be delinquent in a petition under this chapter, there is evidence that such child is committable to an institution for the mentally defective, retarded, or mentally ill, the court shall forthwith transfer the case to the probate court having jurisdiction, for further proceedings as may be appropriate under the laws of this state. Any such transfer shall include a transfer and delivery of all documents having relevance to the matter, provided, however, that the probate court shall retain such records subject to the provisions of sections 5537, 5538, and 5539 of this title. (1967, No. 304 (Adj. Sess.), § 27; amended 1973, No. 246 (Adj. Sess.), § 15: 1985, No. 10; 1991, No. 169 (Adj. Sess.), § 3.)