DRM Schoenberg Family Law Group: Juvenile Matters

At Downs Rachlin Martin PLLC (DRM), thehard-working and diligent Schoenberg Family Law Group navigates the juvenile justice system with sensitivity and skill.

Our experienced and dedicated family law team provides knowledgeable representation in juvenile matters.

Getting to the heart of an issue is essential to effectively resolving family law problems. But, when charges are lodged against a juvenile, immediate action is required. Familiar with the specific time frames that must be met, we are able to respond quickly and decisively.

Juvenile law in Vermont

A child may come into juvenile court either as a result of a delinquency or as a result of being a child in need of care or supervision (referred to as CHINS). CHINS include children:

• who have been abandoned or abused by their parents
• who are neglected
• who are unmanageable or truant
• of any age up to eighteen years, except in cases of unmanageability which only applies to children under age sixteen.

Juvenile or adult court

While all juvenile proceedings must be initiated by petition, in certain situations a child may be taken into custody before a petition is filed. This occurs either as an arrest based on a specific order of the juvenile court, by a law enforcement officer who has reasonable grounds to believe the child is in immediate danger and removal is necessary for the child's protection, or by a law enforcement officer who has reasonable grounds to believe the child has run away.

• Children between the ages of ten and sixteen accused of non-violent crimes can only be prosecuted in juvenile court.
• Proceedings against children between the ages of ten and fourteen accused of violent crimes must originate in juvenile court but may be transferred to adult criminal court.
• Proceedings against children between the ages of fourteen and sixteen accused of violent crimes originate in adult criminal court but may be transferred to juvenile court.
• If a child between the ages of sixteen and eighteen is accused of a non-violent criminal act, the state's attorney chooses between bringing the action in juvenile or criminal court.

What happens next?

Following an initial hearing, a merits hearing will be scheduled. The statue provides for very specific time frames within which hearings must be scheduled. A merits hearing is the juvenile court equivalent of a trial in adult court.

If, following the merits hearing, the court determines that the allegations have been proven, the Vermont Department for Children and Families (DCF) will prepare a disposition report with recommendations as to what should happen next. A disposition hearing is held to determine whether there is agreement on the disposition plan. In ongoing cases, there is a statutory requirement for review by the court at periodic intervals.

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DRM’s family law attorneys provide first-rate, cost-effective client service.

Led by Debra Schoenberg, who is widely known in the field and is a frequent lecturer on complex family law topics, DRM’s family law team includes eight attorneys and two legal professionals offering sharp legal skills and comprehensive services in a broad spectrum of family law matters.

To explore how the DRM Schoenberg Family Law group can assist you with a juvenile matter, contact Practice Group Chair Debra Schoenberg.

Because we know that family law issues often can’t wait for "convenient" business hours, our 24/7 answering service can be reached during non-business hours at 802-860-8074. We respond promptly to messages left with the answering service.