Vermont § 5253 - Emergency care order; conditional custody order
Full text of Vermont Vermont Statutes Online § 5253 — Emergency care order; conditional custody order, with citation guidance and answers to common questions.
§ 5253. Emergency care order; conditional custody order
- (a) Transfer of temporary custody. (1) The court may issue an emergency care order transferring temporary custody of the
child to the Department pending a temporary care hearing if the court determines that: (A) there is probable cause that the child has committed a delinquent act; and (B) continued residence in the home is contrary to the child’s welfare because: (i) the child cannot be controlled at home and is at risk of harm to self or others; or (ii) continued residence in the home will not safeguard the well-being of the child and
the safety of the community because of the serious and dangerous nature of the act
the juvenile is alleged to have committed. (2) The determination may be made ex parte, provided that it is reasonably supported by
the affidavit prepared in accordance with subsection 5252(b) of this title. (b) Contents of emergency care order. The emergency care order shall contain: (1) a written finding that the child’s continued residence in the home is contrary to
the child’s welfare and the factual allegations that support that finding; (2) the date, hour, and place of the temporary care hearing to be held pursuant to section 5255 of this title; and (3) notice of a parent’s right to counsel at the temporary care hearing. (c) Conditional custody order. If the court determines that the child may safely remain in the custody of the custodial
parent, guardian, or custodian, the court may deny the request for an emergency care
order and issue an emergency conditional custody order. The order shall contain: (1) conditions and limitations necessary to protect the child, the community, or both; (2) the date, hour, and place of the temporary care hearing to be held pursuant to section 5255 of this title; and (3) notice of a parent’s right to counsel at the hearing. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2021, No. 105 (Adj. Sess.), § 617, eff. July 1, 2022.)
Frequently Asked Questions About Vermont § 5253
What does Vermont Statutes Online § 5253 cover?
Section 5253 ("Emergency care order; conditional custody order") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Vermont § 5253?
A common citation format is "Vermont Statutes Online § 5253" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Vermont law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.
How does Vermont § 5253 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.