§ 5230. Disposition case plan

(a) Filing of case plan. Following the finding by the court that a child is delinquent, the Department shall file a disposition case plan not later than seven business days before the scheduled disposition hearing. The disposition case plan shall not be used or referred to as evidence prior to a finding that a child is delinquent.

(b) Content of case plan. A disposition case plan shall include, as appropriate:

(1) An assessment of the child’s medical, psychological, social, educational, and vocational needs.

(2) An assessment of the impact of the delinquent act on the victim and the community, including, whenever possible, a statement from the victim.

(3) A description of the child’s home, school, community, and current living situation.

(4) An assessment of the child’s and family’s strengths and risk factors.

(5) Proposed conditions of probation that address the identified risks and provide for, to the extent possible, repair of the harm to victims and the community. Proposed conditions may include a recommendation as to the term of probation.

(6) The plan of services shall describe the responsibilities of the child; the parent, guardian, or custodian; the Department; other family members; and treatment providers, including a description of the services required to achieve successful completion of the goals of probation and, if the child has been placed in the custody of the Department, the permanency goal.

(c) Case plan for child in custody. If a child is in the custody of the Commissioner at the time of disposition or if a transfer of custody is requested, the case plan shall include the following additional information:

(1) A permanency goal if the child is in custody. The long-term goal for a child found to be delinquent and placed in the custody of the Department is a safe and permanent home. A disposition case plan shall include a permanency goal and an estimated date for achieving the permanency goal. The plan shall specify whether permanency will be achieved through reunification with a parent, custodian, or guardian; adoption; permanent guardianship; or other permanent placement. In addition to a primary permanency goal, the plan may identify a concurrent permanency goal.

(2) A recommendation with respect to custody for the child and a recommendation for parent-child contact if appropriate.

(3) A request for child support if the child has been placed in the custody of the Department or the Department recommends a transfer of custody.

(d) Psychosexual evaluation. For purposes of determining appropriate conditions of probation for a disposition case plan under this section, the court may order a psychosexual evaluation if clinically indicated for a child charged with:

(1) lewd and lascivious conduct in violation of 13 V.S.A. § 2601;

(2) lewd and lascivious conduct with a child in violation of 13 V.S.A. § 2602;

(3) sexual assault in violation of 13 V.S.A. § 3252;

(4) aggravated sexual assault in violation of 13 V.S.A. § 3253;

(5) aggravated sexual assault of a child in violation of 13 V.S.A. § 3253a;

(6) kidnapping with intent to commit sexual assault in violation of 13 V.S.A. § 2405(a)(1)(D); or

(7) an offense involving sexual exploitation of children in violation of 13 Vt. Stat. Ann. chapter 64. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2015, No. 153 (Adj. Sess.), § 27; 2021, No. 160 (Adj. Sess.), § 16, eff. June 1, 2022.)