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Vermont Statutes Annotated

Vt. Stat. Ann. tit. 33, § 5102 (2026)

✓ current as of May 2026
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(Cite as: 33 V.S.A. § 5102)
Notes of Decisions
Cited in 68 cases (21 in the last 5 years), 2010–2026 · leading case: In re B.R., 2014 VT 37 (Vt. 2014).
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In re B.R., 2014 VT 37 (Vt. 2014). · cites it 12× “Rather, a CHINS finding reflects that a child has been abandoned or abused by the child’s parent, guardian or custodian; is without proper parental care or subsistence, education, medical or other care necessary for his or her well-being; is without or beyond the control of his…”
In re M.M. & C.M., Juveniles, 2015 VT 122 (Vt. 2015). · cites it 10× “33 V.S.A. § 5102(3). A “child,” in turn, is defined as an individual of a specified age for specified purposes.”
In re D.D., 2013 VT 79 (Vt. 2013). · cites it 4× “is a child in need of care or supervision (CHINS) because he was without proper medical care necessary for his well being under 33 V.S.A. § 5102(3)(B). Father argues that the record did not support the trial court’s factual findings, which in turn did not support the trial…”
In re L.M., 93 A.3d 553 (Vt. 2014). · cites it 4× “” 33 V.S.A. § 5102(3)(B). The State has the burden of establishing by a preponderance of the evidence that a child is CHINS.”
In Re M.L. & Z.L., 2010 VT 5 (Vt. 2010). · cites it 4× “[3] As stated by the majority, the juvenile statutes have recently been amended and this provision now appears at 33 V.S.A. § 5102(3). Ante , ¶ 6 n.2. [4] The trial court was critical of the State’s lack of any expert testimony on the exact amount of force necessary to break an…”
In re C.L.S., Juv., 2020 VT 1 (Vt. 2020). · cites it 3× “was not then a “child” within the meaning of 33 V.S.A. § 5102(2). Although they attempt to frame this as a jurisdictional argument, in the context of this case it is really a challenge to the sufficiency of the evidence supporting the CHINS adjudication.”
In re J.C. & T.F., Juveniles, 2016 VT 9 (Vt. 2016). · cites it 4× “” 33 V.S.A. § 5102(3)(B). As we have explained, “[t]he focus of a CHINS proceeding is the welfare of the child, and therefore a court may adjudicate the child as CHINS even if the allegations are established as to one parent but not the other.”
In re C. P., 2012 VT 100 (Vt. 2012). · cites it 2× “33 V.S.A. § 5102(25) (defining reasonable efforts as “the exercise of due diligence by the department to use appropriate and available services to prevent unnecessary removal of the child from the home or to finalize a permanency plan”).”
State v. Ashley Nutbrown-Covey, 169 A.3d 216 (Vt. 2017). · cites it 3× “When, as happened in this case, a party uses confidential information from a CHINS proceeding in a criminal case, that sensitive information about a juvenile-in this case, a child who would not have otherwise been involved in the criminal proceedings-may become a part of the…”
In re D.K., Juv., 2012 VT 23 (Vt. 2012). · cites it 4× “” 33 V.S.A. § 5102(2 )( C). Hence, whether an individual is deemed to be a child subject to the jurisdiction of the family division depends on the offender’s age at the time the delinquent act was committed, not at the time that the offender was charged with the delinquent act.”
Millis Pub. Schs. v. M.P., 89 N.E.3d 1170 (Mass. 2018). · cites it 2× “§§ 53A-11-101, 78A-6-103, 78A-6-105(18) ; Vt. Stat. Ann. tit. 33, §§ 5102 , 5318 ; Va.”
In re C.B., Juv., 2020 VT 80 (Vt. 2020). · cites it 2× “See 33 V.S.A. § 5102(22) (defining parties to juvenile proceedings).”
Show all 68 citing cases →
— Vt. Stat. Ann. tit. 33, § 5102(14) — 1 case
In re Guardianship of N.P. (J.F. & E.G., Appellants), 2017 VT 14 (Vt. 2017).
— Vt. Stat. Ann. tit. 33, § 5102(2) — 3 cases
In re C.L.S., Juv., 2020 VT 1 (Vt. 2020). “was not then a “child” within the meaning of 33 V.S.A. § 5102(2). Although they attempt to frame this as a jurisdictional argument, in the context of this case it is really a challenge to the sufficiency of the evidence supporting the CHINS adjudication.”
In re E.W., 2015 VT 7 (Vt. 2015).
In re D.S., Juv. (Vt. 2015).
— Vt. Stat. Ann. tit. 33, § 5102(2)(C) — 1 case
In re D.K., Juv., 2012 VT 23 (Vt. 2012). “” 33 V.S.A. § 5102(2 )( C). Hence, whether an individual is deemed to be a child subject to the jurisdiction of the family division depends on the offender’s age at the time the delinquent act was committed, not at the time that the offender was charged with the delinquent act.”
— Vt. Stat. Ann. tit. 33, § 5102(2)(C)(i) — 1 case
In re D.K., Juv., 2012 VT 23 (Vt. 2012). “” 33 V.S.A. § 5102(2 )( C). Hence, whether an individual is deemed to be a child subject to the jurisdiction of the family division depends on the offender’s age at the time the delinquent act was committed, not at the time that the offender was charged with the delinquent act.”
— Vt. Stat. Ann. tit. 33, § 5102(2)(C)(ii) — 1 case
In re E.W., 2015 VT 7 (Vt. 2015).
— Vt. Stat. Ann. tit. 33, § 5102(22) — 3 cases
In re C.B., Juv., 2020 VT 80 (Vt. 2020). “See 33 V.S.A. § 5102(22) (defining parties to juvenile proceedings).”
In Re K.P., Juv. (Vt. 2023).
In Re O.L., Juv. (Vt. 2025).
— Vt. Stat. Ann. tit. 33, § 5102(22)(B) — 1 case
In re C.L.S., Juv., 2020 VT 1 (Vt. 2020). “was not then a “child” within the meaning of 33 V.S.A. § 5102(2). Although they attempt to frame this as a jurisdictional argument, in the context of this case it is really a challenge to the sufficiency of the evidence supporting the CHINS adjudication.”
— Vt. Stat. Ann. tit. 33, § 5102(22)(C) — 1 case
In re C.L.S., Juv., 2020 VT 1 (Vt. 2020). “was not then a “child” within the meaning of 33 V.S.A. § 5102(2). Although they attempt to frame this as a jurisdictional argument, in the context of this case it is really a challenge to the sufficiency of the evidence supporting the CHINS adjudication.”
— Vt. Stat. Ann. tit. 33, § 5102(22)(F) — 3 cases
State v. Ashley Nutbrown-Covey, 169 A.3d 216 (Vt. 2017). “When, as happened in this case, a party uses confidential information from a CHINS proceeding in a criminal case, that sensitive information about a juvenile-in this case, a child who would not have otherwise been involved in the criminal proceedings-may become a part of the…”
In re Appeal of T.O. & L.O., 2021 VT 41 (Vt. 2021).
In Re K.P., Juv. (Vt. 2023).
— Vt. Stat. Ann. tit. 33, § 5102(25) — 1 case
In re C. P., 2012 VT 100 (Vt. 2012). “33 V.S.A. § 5102(25) (defining reasonable efforts as “the exercise of due diligence by the department to use appropriate and available services to prevent unnecessary removal of the child from the home or to finalize a permanency plan”).”
— Vt. Stat. Ann. tit. 33, § 5102(26) — 1 case
In re S.G., Juv. (Vt. 2015).
— Vt. Stat. Ann. tit. 33, § 5102(3) — 6 cases
In re B.R., 2014 VT 37 (Vt. 2014). “Rather, a CHINS finding reflects that a child has been abandoned or abused by the child’s parent, guardian or custodian; is without proper parental care or subsistence, education, medical or other care necessary for his or her well-being; is without or beyond the control of his…”
In Re M.L. & Z.L., 2010 VT 5 (Vt. 2010). “[3] As stated by the majority, the juvenile statutes have recently been amended and this provision now appears at 33 V.S.A. § 5102(3). Ante , ¶ 6 n.2. [4] The trial court was critical of the State’s lack of any expert testimony on the exact amount of force necessary to break an…”
In re M.M. & C.M., Juveniles, 2015 VT 122 (Vt. 2015). “33 V.S.A. § 5102(3). A “child,” in turn, is defined as an individual of a specified age for specified purposes.”
In re C.B., Juv., 2020 VT 80 (Vt. 2020). “See 33 V.S.A. § 5102(22) (defining parties to juvenile proceedings).”
In Re Ml, 2010 VT 5 (Vt. 2010).
— Vt. Stat. Ann. tit. 33, § 5102(3)(A) — 14 cases
In re B.R., 2014 VT 37 (Vt. 2014). “Rather, a CHINS finding reflects that a child has been abandoned or abused by the child’s parent, guardian or custodian; is without proper parental care or subsistence, education, medical or other care necessary for his or her well-being; is without or beyond the control of his…”
In Re M.L. & Z.L., 2010 VT 5 (Vt. 2010). “[3] As stated by the majority, the juvenile statutes have recently been amended and this provision now appears at 33 V.S.A. § 5102(3). Ante , ¶ 6 n.2. [4] The trial court was critical of the State’s lack of any expert testimony on the exact amount of force necessary to break an…”
In re Appeal of H.H., 2020 VT 107 (Vt. 2020).
In re M.K. Juv., 2015 VT 8 (Vt. 2015).
In re B.G., Juv., 2016 VT 107 (Vt. 2016).
— Vt. Stat. Ann. tit. 33, § 5102(3)(B) — 42 cases
In re B.R., 2014 VT 37 (Vt. 2014). “Rather, a CHINS finding reflects that a child has been abandoned or abused by the child’s parent, guardian or custodian; is without proper parental care or subsistence, education, medical or other care necessary for his or her well-being; is without or beyond the control of his…”
In re M.M. & C.M., Juveniles, 2015 VT 122 (Vt. 2015). “33 V.S.A. § 5102(3). A “child,” in turn, is defined as an individual of a specified age for specified purposes.”
In re D.D., 2013 VT 79 (Vt. 2013). “is a child in need of care or supervision (CHINS) because he was without proper medical care necessary for his well being under 33 V.S.A. § 5102(3)(B). Father argues that the record did not support the trial court’s factual findings, which in turn did not support the trial…”
In re L.M., 93 A.3d 553 (Vt. 2014). “” 33 V.S.A. § 5102(3)(B). The State has the burden of establishing by a preponderance of the evidence that a child is CHINS.”
In re J.C. & T.F., Juveniles, 2016 VT 9 (Vt. 2016). “” 33 V.S.A. § 5102(3)(B). As we have explained, “[t]he focus of a CHINS proceeding is the welfare of the child, and therefore a court may adjudicate the child as CHINS even if the allegations are established as to one parent but not the other.”
— Vt. Stat. Ann. tit. 33, § 5102(3)(C) — 1 case
In re M.L., Juv., 186 A.3d 618 (Vt. 2018).
— Vt. Stat. Ann. tit. 33, § 5102(3)(D) — 1 case
In Re J.H., Juv., 2013 VT 31 (Vt. 2013).
— Vt. Stat. Ann. tit. 33, § 5102(6) — 1 case
State v. Jessica L. Morrill, 2025 VT 19 (Vt. 2025).
— Vt. Stat. Ann. tit. 33, § 5102(7) — 1 case
In re M.P., Juv., 2019 VT 69 (Vt. 2019).
— Vt. Stat. Ann. tit. 33, § 5102(8)(B) — 1 case
In re J.C. & T.F., Juveniles, 2016 VT 9 (Vt. 2016). “” 33 V.S.A. § 5102(3)(B). As we have explained, “[t]he focus of a CHINS proceeding is the welfare of the child, and therefore a court may adjudicate the child as CHINS even if the allegations are established as to one parent but not the other.”
— Vt. Stat. Ann. tit. 33, § 5102(9) — 4 cases
In re D.C., Juv., 2016 VT 72 (Vt. 2016).
In Re S.D., Juv. (State of Vermont, Appellant), 2022 VT 44 (Vt. 2022).
Scott v. State (Vt. Super. Ct. 2020).
In re T.S., Juv. (Vt. 2013).
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