Vermont Statutes Title 33 Sec. 5906
Terms Used In Vermont Statutes Title 33 Sec. 5906
- Child: means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control. 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.
- Jurisdiction: means the power and authority of a court to hear and decide matters. See
- Placement: means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective, or epileptic or any institution primarily educational in character, and any hospital or other medical facility. See
- Public child placing agency: means any government child welfare agency or child protection agency or a private entity under contract with such an agency, regardless of whether they act on behalf of a state, county, municipality, or other governmental unit, that facilitates, causes, or is involved in the placement of a child from one state to another. See
- Receiving state: means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons. See
- Sending agency: means a party state, officer or employee thereof; a subdivision of a party state, or officer, or employee thereof; a court of a party state; a person, corporation, association, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state. See
- Sending state: means the state from which the placement of a child is initiated. See
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U. See
[Contingently repealed; effective until contingency met.]
§ 5906. Institutional care of delinquent children—Article VI [Contingently repealed; Effective until contingency met]
A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his or her being sent to such other party jurisdiction for institutional care and the court finds that:
(1) equivalent facilities for the child are not available in the sending agency‘s jurisdiction; and
(2) institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship. (Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972.)
[Contingently repealed; effective until contingency met.]
§ 5906. Institutional care of delinquent children—Article VI [Contingently repealed]
(Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972; contingently repealed by 2021, No. 101 (Adj. Sess.), § 1.)
[Contingently enacted.]
§ 5906. Placement authority [Contingently enacted]
(a) Except as otherwise provided in this Compact, no child subject to this Compact shall be placed into a receiving state until approval for such placement is obtained.
(b) If the public child placing agency in the receiving state does not approve the proposed placement, then the child shall not be placed. The receiving state shall provide written documentation of any such determination in accordance with the rules promulgated by the Interstate Commission. Such determination is not subject to judicial review in the sending state.
(c) If the proposed placement is not approved, any interested party shall have standing to seek an administrative review of the receiving state’s determination.
(1) The administrative review and any further judicial review associated with the determination shall be conducted in the receiving state pursuant to its applicable Administrative Procedures Act.
(2) If a determination not to approve the placement of the child in the receiving state is overturned upon review, the placement shall be deemed approved; provided, however, that all administrative or judicial remedies have been exhausted or the time for such remedies has passed. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)