2005 Vermont Code - § 5535. — Order of adjudication, noncriminal

§ 5535. Order of adjudication, noncriminal

(a) An order of the juvenile court in proceedings under this chapter shall not be deemed a conviction of crime or impose any civil disabilities ordinarily resulting from a conviction or to operate to disqualify the child in any civil service application, or appointment, provided, however, that an order of delinquency in proceedings transferred under section 5505(b) of this title, where the offense charged in the initial criminal proceedings was a violation of those sections of Title 23 specified in section 801(a)(1), shall be an event in addition to those specified therein enabling the commissioner of motor vehicles to require proof of financial responsibility under chapter 11 of Title 23.

(b) A child, by virtue of any such order, shall not be detained, committed or transferred to an institution or other facility used primarily for the execution of sentences of persons convicted of a crime.

(c) A child who is under the age of twelve shall not be detained, placed or transferred to the Weeks school.

(d) A child found by a court to be a child in need of care or supervision as defined in subdivisions (A) or (B) of section 5502(a)(12) of this title in proceedings held under the authority of this chapter shall not be placed in or transferred to the Weeks school or to an institution used primarily for the treatment or rehabilitation of delinquent children.

(e) Any child found by a court to be a child in need of care or supervision as defined in subdivision (C) of section 5502(a)(12) of this title in proceedings held under the authority of this chapter may be placed in or transferred to Weeks school or other facility used for the treatment or rehabilitation of delinquent children only if the child is afforded an opportunity for a fair hearing as authorized by 3 V.S.A. section 3091 prior to such placement or transfer, except that such placement or transfer may be made at any time without a prior hearing in cases where no other suitable placement is immediately available and (1) the child presents a risk of injury to himself, to others, or to property, or (2) the responsible person in the child's present placement refuses to continue providing the necessary care or supervision, or (3) for any other reason the child is in immediate need of the care and security of the Weeks school or other such facility, so long as an opportunity for a hearing is thereafter afforded.

(f) The disposition of a child and evidence given in a hearing in juvenile court shall not be admissible as evidence against him in any case or proceeding in any other court except after conviction of a felony in proceedings to determine his sentence. (1967, No. 304 (Adj. Sess.), § 32; amended 1973, No. 246 (Adj. Sess.), § 19.)