Vermont § 5225 - Preliminary hearing; risk assessment

§ 5225. Preliminary hearing; risk assessment

• (a) Preliminary hearing. A preliminary hearing shall be held at the time and date specified on the citation
  or as otherwise ordered by the court. If a child is taken into custody prior to the
  preliminary hearing, the preliminary hearing shall be at the time of the temporary
  care hearing. Counsel for the child shall be assigned prior to the preliminary hearing. (b) Risk and needs screening. (1) Prior to the preliminary hearing, the child shall be afforded an opportunity to undergo
  a risk and needs screening, which shall be conducted by the Department or by a community
  provider that has contracted with the Department to provide risk and need screenings
  for children alleged to have committed delinquent acts. (2) If the child participates in such a screening, the Department or the community provider
  shall report the risk level result of the screening, the number and source of the
  collateral contacts made, and the recommendation for charging or other alternatives
  to the State’s Attorney. The State’s Attorney shall consider the results of the risk
  and needs screening in determining whether to file a charge. In lieu of filing a charge,
  the State’s Attorney may refer a child directly to a youth-appropriate community-based
  provider that has been approved by the Department, which may include pre-charge diversion
  pursuant to 3 V.S.A. § 163, a community justice center, or a balanced and restorative justice program. Referral
  to a community-based provider pursuant to this subsection shall not require the State’s
  Attorney to file a charge. If the community-based provider does not accept the case
  or if the child fails to complete the program in a manner deemed satisfactory and
  timely by the provider, the child’s case shall return to the State’s Attorney for
  charging consideration. (3) Information related to the present alleged offense directly or indirectly derived
  from the risk and needs screening or from other conversations with the Department
  or community-based provider shall not be used against the youth in the youth’s case
  for any purpose, including impeachment or cross-examination, provided that the fact
  of the youth’s participation in risk and needs screening may be used in subsequent
  proceedings. (4) If a charge is brought in the Family Division, the risk level result shall be provided
  to the child’s attorney. (c) Referral to diversion. Based on the results of the risk and needs screening, if a child presents a low to
  moderate risk to reoffend, the State’s Attorney shall refer the child directly to
  court diversion unless the State’s Attorney states on the record why a referral to
  court diversion would not serve the ends of justice. If the court diversion program
  does not accept the case or if the child fails to complete the program in a manner
  deemed satisfactory and timely by the provider, the child’s case shall return to the
  State’s Attorney for charging consideration. (d) Guardian ad litem. At the preliminary hearing, the court shall appoint a guardian ad litem for the child.
  The guardian ad litem may be the child’s parent, guardian, or custodian. On its own
  motion or motion by the child’s attorney, the court may appoint a guardian ad litem
  other than a parent, guardian, or custodian. (e) Admission; denial. At the preliminary hearing, a denial shall be entered to the allegations of the petition,
  unless the juvenile, after adequate consultation with the guardian ad litem and counsel,
  enters an admission. If the juvenile enters an admission, the disposition case plan
  required by section 5230 of this title may be waived and the court may proceed directly to disposition, provided that the
  juvenile, the custodial parent, the State’s Attorney, the guardian ad litem, and the
  Department agree. (f) Conditions. The court may order the child to abide by conditions of release pending a merits or
  disposition hearing. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2011, No. 159 (Adj. Sess.), § 6; 2015, No. 153 (Adj. Sess.), § 14; 2017, No. 201 (Adj. Sess.), § 6; 2023, No. 46, § 18, eff. June 5, 2023; 2025, No. 64, § 17, eff. June 12, 2025.)