Vermont § 5309 - Filing of a petition

§ 5309. Filing of a petition

• (a) The State’s Attorney having jurisdiction shall prepare and file a petition alleging
  that a child is in need of care or supervision upon the request of the Commissioner
  or, in the event the child is truant from school, upon the request of the superintendent
  of the school district in which the child is enrolled or resides. If the State’s Attorney
  fails to file a petition within a reasonable amount of time, the Department or the
  superintendent of the school district may request that the Attorney General file a
  petition on behalf of the Department. (b) If the court has issued an emergency care order placing the child who is the subject
  of the petition in the temporary legal custody of the Department or has issued a conditional
  custody order, the State’s Attorney shall file the petition on or before the date
  of the temporary care hearing. (c) A petition may be withdrawn by the State’s Attorney at any time prior to the hearing
  thereon, in which event the child shall be returned to the custodial parent, guardian,
  or custodian, the proceedings under this chapter terminated, and all files and documents
  relating thereto sealed under section 5119 of this title. (d) Upon the request of the Secretary of Human Services, the State’s Attorney may file
  a petition pursuant to subsection (a) of this section alleging that a 16- to 17.5-year-old
  youth who is not in the custody of the State is a child in need of care or supervision
  under subdivision 5102(2)(B)(ii) of this title when the child meets the criteria set forth in subdivision 5102(2)(B)(ii) of this title. The petition shall be accompanied by a report from the Department that sets forth
  facts supporting the specific criteria of subdivision 5102(2)(B)(ii) of this title and that it is in the best interests of the child to be considered as a child in
  need of care or supervision. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009.)