Vermont Statutes Title 33 Sec. 5103_v2
Terms Used In Vermont Statutes Title 33 Sec. 5103_v2
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
[Effective until July 1, 2024.]
§ 5103. Jurisdiction
(a) The Family Division of the Superior Court shall have exclusive jurisdiction over all proceedings concerning a child who is or who is alleged to be a delinquent child or a child in need of care or supervision brought under the authority of the juvenile judicial proceedings chapters, except as otherwise provided in such chapters.
(b) Orders issued under the authority of the juvenile judicial proceedings chapters shall take precedence over orders in other Family Division proceedings and any order of another court of this State, to the extent they are inconsistent. This section shall not apply to child support orders in a divorce, parentage, or relief from abuse proceedings until a child support order has been issued in the juvenile proceeding.
(c)(1) Except as otherwise provided by this title and by subdivision (2) of this subsection, jurisdiction over a child shall not be extended beyond the child’s 18th birthday.
(2)(A) Jurisdiction over a child with a delinquency may be extended until six months beyond the child’s:
(i) 19th birthday if the child was 16 or 17 years of age when he or she committed the offense.
(ii) 20th birthday if the child was 18 years of age when he or she committed the offense; or
(B) Except for custody of individuals 18 years of age or older that may be ordered by the court under the authority of chapter 52 of this title, custody of a child or youth 18 years of age or older shall not be retained by or transferred to the Commissioner for Children and Families.
(C) Jurisdiction over a child in need of care or supervision shall not be extended beyond the child’s 18th birthday.
(D) Jurisdiction over a youthful offender shall not extend beyond the youth’s 22nd birthday.
(d) The court may terminate its jurisdiction over a child prior to the child’s 18th birthday by order of the court. If the child is not subject to another juvenile proceeding, jurisdiction shall terminate automatically in the following circumstances:
(1) upon the discharge of a child from juvenile or youthful offender probation, provided the child is not in the legal custody of the Commissioner;
(2) upon an order of the court transferring legal custody to a parent, guardian, or custodian without conditions or protective supervision;
(3) upon the adoption of a child following a termination of parental rights proceeding. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 224; 2011, No. 159 (Adj. Sess.), § 1; 2015, No. 153 (Adj. Sess.), § 6, eff. Jan. 1, 2018; 2017, No. 201 (Adj. Sess.), § 5, eff. May 30, 2018; 2019, No. 45, § 2, eff. May 30, 2019; 2019, No. 124 (Adj. Sess.), § 2; 2019, No. 124 (Adj. Sess.), § 3, eff. July 1, 2024; 2021, No. 65, §§ 14, 15, eff. June 7, 2021.)
[Effective July 1, 2024.]
§ 5103. Jurisdiction
(a) The Family Division of the Superior Court shall have exclusive jurisdiction over all proceedings concerning a child who is or who is alleged to be a delinquent child or a child in need of care or supervision brought under the authority of the juvenile judicial proceedings chapters, except as otherwise provided in such chapters.
(b) Orders issued under the authority of the juvenile judicial proceedings chapters shall take precedence over orders in other Family Division proceedings and any order of another court of this State, to the extent they are inconsistent. This section shall not apply to child support orders in a divorce, parentage, or relief from abuse proceedings until a child support order has been issued in the juvenile proceeding.
(c)(1) Except as otherwise provided by this title and by subdivision (2) of this subsection, jurisdiction over a child shall not be extended beyond the child’s 18th birthday.
(2)(A) Jurisdiction over a child with a delinquency may be extended until six months beyond the child’s:
(i) 19th birthday if the child was 16 or 17 years of age when he or she committed the offense;
(ii) 20th birthday if the child was 18 years of age when he or she committed the offense; or
(iii) 21st birthday if the child was 19 years of age when he or she committed the offense.
(B) Except for custody of individuals 18 years of age or older that may be ordered by the court under the authority of chapter 52 of this title, custody of a child or youth 18 years of age or older shall not be retained by or transferred to the Commissioner for Children and Families.
(C) Jurisdiction over a child in need of care or supervision shall not be extended beyond the child’s 18th birthday.
(D) Jurisdiction over a youthful offender shall not extend beyond the youth’s 22nd birthday.
(d) The court may terminate its jurisdiction over a child prior to the child’s 18th birthday by order of the court. If the child is not subject to another juvenile proceeding, jurisdiction shall terminate automatically in the following circumstances:
(1) upon the discharge of a child from juvenile or youthful offender probation, provided the child is not in the legal custody of the Commissioner;
(2) upon an order of the court transferring legal custody to a parent, guardian, or custodian without conditions or protective supervision;
(3) upon the adoption of a child following a termination of parental rights proceeding. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 224; 2011, No. 159 (Adj. Sess.), § 1; 2015, No. 153 (Adj. Sess.), § 6, eff. Jan. 1, 2018; 2017, No. 201 (Adj. Sess.), § 5, eff. May 30, 2018; 2019, No. 45, § 2, eff. May 30, 2019; 2019, No. 124 (Adj. Sess.), § 2; 2019, No. 124 (Adj. Sess.), § 3, eff. July 1, 2024; 2021, No. 65, §§ 14, 15, eff. June 7, 2021.)