Delinquency Services Summary
Centralized State: The Family Services Division, Department for Children and Families, administers most services to delinquents in Vermont, encompassing diversion, most detention, probation supervision, commitment, and aftercare.

Court(s) with Delinquency Jurisdiction
Family Courts exercise jurisdiction over delinquency proceedings. Family Courts are limited jurisdiction trial courts. For more information, visit the Vermont Judiciary web site.

Highlights

Department Reorganization
The Department for Children and Families was created in 2004 by a merger of the Office of Child Support, the Office of Economic Opportunity, the Department of Prevention, Assistance, Transition, and Health Access, and the Department of Social and Rehabilitation Services (the former administrator of juvenile delinquency services).

Secure Detention Study
In 2003, Vermont began studying the use of secure detention and alternatives to secure detention for juveniles. The goal of this project was to identify factors that affect length of stay in Vermont’s locked juvenile detention facility. The final report for this project concluded that of the variables shown to significantly affect length of stay, variation by sex and district are perhaps the two most in need of investigation.

New Victims' Rights Legislation
Effective March 1, 2004, Public Act 73 became law. This piece of legislation added some new rights for victims of delinquent acts. Any victim of any delinquent act has the right to file a victim impact statement. Victims of certain delinquent acts have more rights, including the right to be present at the disposition hearing to present a victim impact statement; to be notified by the prosecutor's office as to whether delinquency has been found and disposition has occurred; and to be notified, upon request, of the juvenile's release.

Detention
The Department for Children and Families administers Vermont's only secure detention program, the Short-Term Program at the Woodside Juvenile Rehabilitation Center, a secure facility. Statewide, there are 30 beds available for short-term detention and corrections combined.

In Vermont, juveniles can be held pre-adjudication, predisposition, and while awaiting placement. Youth can be sentenced to secure detention and sanctions for probation violations can be served in detention.

Detention hearings must be held within 48 hours or up to 72 hours if the court grants an extension.

Vermont does not use a risk assessment instrument at screening for detention. The guidelines for who can be detained are, by statute: determining to the satisfaction of the court that the continued detention of the juvenile would be to his best interests and welfare or that public safety and protection reasonably require such detention.

For information on detention reform, please see the highlight above.

Delinquency Intake Screening
Any person with knowledge of the facts alleged, such as law enforcement officers, may file delinquency complaints. The State's Attorney receives delinquency referrals and screens them for legal sufficiency. The local police decide for the State's Attorney whether to handle cases formally or informally. No one reviews this decision. The State's Attorney develops the case for adjudication by performing such tasks as interviewing witnesses and taking victim impact statements. By statute, the state's attorney having jurisdiction prepares and files the petition.

Diversion
By statute, the State Attorney General must develop a juvenile court diversion project. The state's attorney develops the criteria for deciding what types of offenses and offenders will be eligible for diversion and retains final discretion over the referral of each case for diversion.

Diversion programs are operated by nonprofit organizations in each county. Options include community service, restitution, and counseling.

The Windsor County youth court diversion program diverts juveniles between 13 and 18 years old. Referrals to the youth court come from the court diversion's own recommendation or upon the recommendation of the state's attorney. Court diversion must review the disposition of the youth court.

Predisposition Investigation
The case worker/social worker from the Department for Children and Families develops the case for disposition (i.e., identifying necessary services and recommending an appropriate disposition). The Department for Children and Families' disposition report serves as the protocol for investigations; however, it may vary from county to county.

Victim Rights and Services
Under the Juvenile Code, victims of juvenile offenders are entitled to the following rights: the right to submit a victim impact statement at disposition and the right to learn the offender's name under certain circumstances. As a condition of probation, the juvenile court may require that the juvenile make restitution or reparation to the victim. See also the Highlight above for new laws.

Victims of Youthful Offenders have the following statutory rights (added in 1997) under the Vermont Juvenile Code: to be notified about and present at court proceedings; to express views concerning the offense and the youthful offender; to request notification of the youthful offender's release; to be notified by the prosecutor about the final disposition of the case; and to be notified by the prosecutor of the victim's rights under this section.

For more information on victim rights and services, please visit the Vermont Center for Crime Victim Services web site and the Department of Corrections' Crime Victim Services web page.

In Vermont, crime victims compensation is administered by the Vermont Center for Crime Victim Services.

Probation Supervision
The juvenile probation officer (often a social worker) from the local Department for Children and Families' office is responsible for the probation supervision of delinquent offenders. Social workers supervise delinquents on probation with contracted assistance from the state Street Checkers Program.

The Street Checkers program is funded through the Juvenile Accountability Block Grant (JABG). While there currently is federal funding for specialized probation through JABG, this is likely to be ending soon. Street Checkers provide direct supervision to youth on probation who live in the community. The program provides a web of supervision and support to improve the success of home and community placement. Street Checkers work in conjunction with social workers, school personnel, parents, and police to hold youth on probation accountable for their whereabouts and activities and to support good decision-making and problem solving.

In Vermont, the balanced and restorative justice philosophical approach directs the practice of juvenile probation. Probation caseloads vary by district. In some districts, the caseload is comprised solely of juvenile offenders; in others, both juvenile and adult offenders.

Currently, Vermont has not yet mandated a risk/needs assessment instrument for determining levels of supervision, but such an assessment is in development. In Vermont, probation officers are required to develop a “case plan,” which is an individualized supervision plan in addition to the conditions of probation set forth by the court. The probation officer recommends the terms and length of probation that the court must then approve.

Juvenile Probation Officer Qualifications, Certification, and Training
Probation officers are not professionally certified in Vermont, but they must attend a mandatory fundamental orientation of 55 hours within the first 6 months of employment and 75 additional hours within 2 years. There is a mandatory continuing training requirement of 30 hours a year. The Department of Children and Families' Human Resources Department trains probation officers.

Juvenile Corrections Continuum
The Department of Children and Families administers the daily operations of Vermont's only delinquency facility, the Woodside Juvenile Rehabilitation Center, a secure facility.

Commitment to State
Commitments to the Family Services Division, Department of Children and Families (DCF) are indeterminate. When the court commits an adjudicated delinquent, custody is transferred to DCF. DCF determines the type and location of placement for those in custody. However, since there is only one public institution for delinquent offenders, an order of commitment is in effect an order that the juvenile be held there.

By statute, immediately after a finding of delinquency, the commissioner of DCF must make a written disposition report to the juvenile court. The required disposition report must include as appropriate: (1) an assessment of the juvenile's medical, psychological, social, educational and vocational needs; (2) a description of the resources in the juvenile's home, school and community; (3) a statement of the goals and objectives of treatment; (4) a recommendation as to disposition of the case including the case plan, and if possible, the length of time the juvenile may benefit from the plan; and (5) a recommendation from the parties. In preparing this report, the assistance of local school officials, state and community agencies and mental health centers may be obtained.

In Vermont, juvenile probation officers continue to supervise juveniles in the Woodside Juvenile Rehabilitation Center.

Blended Sentencing (called Youthful Offender Proceedings)
Under exclusion and direct file transfer provisions, a defendant in a criminal proceeding who is at least age 10 but not 16 at the time of the commission of any certain offenses, including assault and robbery with a dangerous weapon or causing bodily injury, aggravated assault, and murder, may file a motion requesting treatment as a youthful offender. The criminal court may transfer the proceeding to family court for youthful offender adjudication. If the defendant has previously been adjudicated a delinquent youth or has previously been convicted of a crime; the defendant enters a plea of guilty or nolo contendre to the offense charged; the defendant is amenable to treatment or rehabilitation as a youthful offender; and public safety will be secured by treating the defendant as a youthful offender.

If either of the above two events takes place, the criminal court imposes a sentence. That sentence is then suspended and replaced with a juvenile disposition. If the youthful offender violates the terms of the disposition order, the court may impose the criminal sentence, ceasing jurisdiction of the family court.

If the family court retains jurisdiction, it must review the youthful offender's case before the youthful offender reaches the age of 18 to determine if the court's jurisdiction over the youthful offender should continue. If the court finds that it is in the best interest of the youthful offender to continue the case, it may continue the court's jurisdiction up to the age of 19. If the court finds that it is not in the best interest, it may discharge the youthful offender and dismiss the criminal case.

For a summary of Vermont's blended sentencing provisions, click here.

Direct Placement
The court cannot place a juvenile directly in a local/state, public/private placement without committing the juvenile to the state delinquency institution.

Release
Vermont does not have a juvenile paroling authority. To terminate the custody determination before the youth reaches the age of majority (age 18), the Family Services Division, Department of Children and Families, files a motion to discharge custody with the court. The court makes the release decision.

Vermont does not use a structured decision-making instrument to make release decisions.

Aftercare/Re-entry
The Family Services Division, Department of Children and Families, provides supervision after release from commitment until the age of 18. The same probation officer assigned to the case at commitment may provide supervision, although that is not always the case. Either DCF or its contractors are responsible for the youth until he or she reaches 18.

Vermont is participating in the Office of Justice Program's Serious and Violent Offender Reentry Initiative. For information about Vermont's involvement, click here. By visiting the State Activities & Resources page, users can read about how other states are using their grants. Descriptions of programs for juveniles follow the descriptions of programs for adults, where applicable.

State Laws

Legal Resources
Vermont Statutes, Title 33 (Human Services), Chapter 55 (Judicial Proceedings)

Vermont Bar

Purpose Clauses
To read Vermont's purposes clauses for delinquency proceedings and juvenile corrections, click here.

Delinquency Jurisdiction (as of the end of the 2005 legislative session)
Lower Age: 10
Upper Age: 17
Extended Age of Delinquency Jurisdiction: 20

Juvenile Transfer Laws
For information on Vermont's juvenile transfer laws, click here.

Juvenile Justice Leadership

Agency for Human Services
The Agency for Human Services serves as the state advisory group charged with administering funds received through the federal Juvenile Justice Delinquency Prevention Act and monitoring compliance with the mandates of the Act.

Commission on Juvenile Justice
In 2002, the Vermont Legislature approved the creation of the Commission on Juvenile Justice, a joint venture between the Department of Social and Rehabilitation Services and the Department of Corrections. This Commission will develop a comprehensive system of juvenile justice, including utilization of probation services, a range of community-based treatment, training and rehabilitation programs, and secure detention and treatment programs in the interests of public safety, designed with the objective of preparing young offenders to live in their communities as productive and mature adults. For more information, refer to Title 3, Chapter 53, 3085c.

Resources/Contacts
Agency for Human Services
Family Services Division, Department of Children and Families
Vermont Bar
Vermont Center for Crime Victim Services
Vermont Judiciary

Theresa Lay-Sleeper
Juvenile Justice Specialist
Agency of Human Services
Planning Division
103 South Main Street
Waterbury, VT 05671-0203
Phone: (802) 241-2953
Fax: (802) 241-2979

The National Center for Juvenile Justice strives to make each State Profile as accurate as possible. Please bring any errors, updates, or additions to the attention of the State Profiles project manager. Persons listed as state contacts are not responsible for information contained in these profiles.

© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice

Citation: National Center for Juvenile Justice. 2006. "Vermont." State Juvenile Justice Profiles. Pittsburgh, PA: NCJJ. Online. Available: http://www.ncjj.org/stateprofiles/.