Vermont Statutes Title 33 Sec. 5222
Terms Used In Vermont Statutes Title 33 Sec. 5222
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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
§ 5222. Petition; contents
(a) The petition shall be supported by an affidavit as to probable cause. The petition shall contain the following:
(1) A concise statement of the facts that support the conclusion that the child has committed a delinquent act, together with a statement that it is in the best interests of the child that the proceedings be brought.
(2) The name, date of birth, telephone number, and residence address, if known, of the child and the custodial and noncustodial parents or the guardian or custodian of the child, if other than parent. If a parent is a participant in the Safe At Home Program pursuant to 15 V.S.A. § 1152, the petition shall so specify.
(b) If a temporary care order has been issued or the State is requesting that custody be transferred to the Commissioner, the petition shall contain jurisdictional information as required by the Uniform Child Custody Jurisdiction and Enforcement Act, 15 Vt. Stat. Ann. chapter 20.
(c) A petition alleging a delinquent act may not be amended to allege that a child is in need of care or supervision, and a child who has been adjudged a delinquent child as a result of a delinquency petition may not be subsequently adjudged a child in need of care or supervision, unless a separate petition alleging that the child is in need of care or supervision is filed. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)