Vt. Stat. Ann. » Title 33 Chapter 53
Vermont Statutes Annotated

Vt. Stat. Ann. tit. 33, § 5308 (2026)

✓ current as of May 2026
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(Cite as: 33 V.S.A. § 5308)
Notes of Decisions
Cited in 15 cases (5 in the last 5 years), 2012–2024 · leading case: In re D.D., 2013 VT 79 (Vt. 2013).
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In re D.D., 2013 VT 79 (Vt. 2013). · cites it 4× “See 33 V.S.A. § 5308(a); id . § 5308(b)(1) (requiring return of child to parents absent finding that return home would be contrary to child’s welfare, and identifying conditional custody order with parents as preferred alternative approach following temporary-care hearing).”
In re C. P., 2012 VT 100 (Vt. 2012). · cites it 2× “33 V.S.A. § 5308(c)(1)(B). In addition, upon the filing of a petition by DCF, the court must determine whether DCF “has made reasonable efforts to finalize the permanency plan for the child that is in effect at the time of the hearing.”
In re I.B., Juv., 2016 VT 70 (Vt. 2016). · cites it 3× “We agree that a true temporary care order issued pursuant to 33 V.S.A. § 5308 1 following an emergency care or custodial care order and temporary care hearing, or one entered pending a final disposition order pursuant to 33 V.”
In re A.M., Juv., 2015 VT 109 (Vt. 2015). · cites it 2× “33 V.S.A. § 5308(b)(3). ¶ 10. In finding grandmother to be an unsuitable placement option, the court cited her previous substantiation for abuse, multiple relief-from-abuse orders, concerns about her previous alcohol use and her minimization of her current alcohol use, her use…”
In Re A.O. & I.O., Juveniles & in Re B.G. & E.G., Juveniles, 2023 VT 54 (Vt. 2023). · cites it 2× “§ 5308(a) (stating that at temporary care hearing, court shall order child returned to parent’s custody unless it finds “that a return home would be contrary to the best interests of the child because” it could endanger child’s physical or mental health, welfare, or safety, or…”
In re D.C., Juv., 2012 VT 108 (Vt. 2012). “Finally, mother argues that the family court’s termination order must be reversed because the State never undertook reasonable efforts to prevent the removal of D.”
In re H.T. & M.L., Juveniles, 2020 VT 3 (Vt. 2020). “See generally 33 V.S.A. § 5308(a)(1) (explaining that in temporary-care proceeding, court must return 4 legal custody to parents unless it finds by preponderance that doing so would be contrary to child’s best interests because, among other things, it “could result in…”
In Re K.G. & L.G. Juveniles, 2023 VT 51 (Vt. 2023). “” 33 V.S.A § 5308(a)(1). Parents were cohabitating and the court found that mother posed a risk of harm to K.”
In re Appeal of T.O. & L.O., 2021 VT 41 (Vt. 2021). “If DCF has not conducted a suitability assessment, before the family division must enter the temporary-care order, 33 V.S.A. § 5308(d) empowers the court to “order the Department to conduct an investigation of a person seeking custody of the child, and the suitability of that…”
In Re G.L., Juv., 2024 VT 60 (Vt. 2024). “, 33 V.S.A. § 5308(b) (“[T]he court may issue such temporary orders related to the legal custody of the child as it deems necessary and sufficient.”
In re D.D. (Vt. 2013). · cites it 2× “See 33 V.S.A. § 5308(a); id . § 5308(b)(1) (requiring return of child to parents absent finding that return home would be contrary to child’s welfare, and identifying conditional custody order with parents as preferred alternative approach following temporary-care hearing).”
In re M.C., Juv. (Vt. 2023). “2 We assume that in employing the term “reasonable efforts,” father did not intend to challenge the court’s reasonable-efforts findings, see 33 V.S.A. §§ 5308(e)(1)(B), 5321(h)(1), insofar as he has not appealed any such determination.”
Show all 15 citing cases →
— Vt. Stat. Ann. tit. 33, § 5308(a) — 3 cases
In re D.D., 2013 VT 79 (Vt. 2013). “See 33 V.S.A. § 5308(a); id . § 5308(b)(1) (requiring return of child to parents absent finding that return home would be contrary to child’s welfare, and identifying conditional custody order with parents as preferred alternative approach following temporary-care hearing).”
In Re A.O. & I.O., Juveniles & in Re B.G. & E.G., Juveniles, 2023 VT 54 (Vt. 2023). “§ 5308(a) (stating that at temporary care hearing, court shall order child returned to parent’s custody unless it finds “that a return home would be contrary to the best interests of the child because” it could endanger child’s physical or mental health, welfare, or safety, or…”
In re D.D. (Vt. 2013). “See 33 V.S.A. § 5308(a); id . § 5308(b)(1) (requiring return of child to parents absent finding that return home would be contrary to child’s welfare, and identifying conditional custody order with parents as preferred alternative approach following temporary-care hearing).”
— Vt. Stat. Ann. tit. 33, § 5308(a)(1) — 2 cases
In re H.T. & M.L., Juveniles, 2020 VT 3 (Vt. 2020). “See generally 33 V.S.A. § 5308(a)(1) (explaining that in temporary-care proceeding, court must return 4 legal custody to parents unless it finds by preponderance that doing so would be contrary to child’s best interests because, among other things, it “could result in…”
In Re K.G. & L.G. Juveniles, 2023 VT 51 (Vt. 2023). “” 33 V.S.A § 5308(a)(1). Parents were cohabitating and the court found that mother posed a risk of harm to K.”
— Vt. Stat. Ann. tit. 33, § 5308(b) — 3 cases
In re I.B., Juv., 2016 VT 70 (Vt. 2016). “We agree that a true temporary care order issued pursuant to 33 V.S.A. § 5308 1 following an emergency care or custodial care order and temporary care hearing, or one entered pending a final disposition order pursuant to 33 V.”
In Re G.L., Juv., 2024 VT 60 (Vt. 2024). “, 33 V.S.A. § 5308(b) (“[T]he court may issue such temporary orders related to the legal custody of the child as it deems necessary and sufficient.”
In re I.C., M.C., A.C. & A.H., Juveniles (Vt. 2012).
— Vt. Stat. Ann. tit. 33, § 5308(b)(3) — 2 cases
In re A.M., Juv., 2015 VT 109 (Vt. 2015). “33 V.S.A. § 5308(b)(3). ¶ 10. In finding grandmother to be an unsuitable placement option, the court cited her previous substantiation for abuse, multiple relief-from-abuse orders, concerns about her previous alcohol use and her minimization of her current alcohol use, her use…”
In re G.B., Juv. (Vt. 2012).
— Vt. Stat. Ann. tit. 33, § 5308(b)(3)(A) — 1 case
In re A.M., Juv., 2015 VT 109 (Vt. 2015). “33 V.S.A. § 5308(b)(3). ¶ 10. In finding grandmother to be an unsuitable placement option, the court cited her previous substantiation for abuse, multiple relief-from-abuse orders, concerns about her previous alcohol use and her minimization of her current alcohol use, her use…”
— Vt. Stat. Ann. tit. 33, § 5308(c)(1)(B) — 2 cases
In re C. P., 2012 VT 100 (Vt. 2012). “33 V.S.A. § 5308(c)(1)(B). In addition, upon the filing of a petition by DCF, the court must determine whether DCF “has made reasonable efforts to finalize the permanency plan for the child that is in effect at the time of the hearing.”
In re D.C., Juv., 2012 VT 108 (Vt. 2012). “Finally, mother argues that the family court’s termination order must be reversed because the State never undertook reasonable efforts to prevent the removal of D.”
— Vt. Stat. Ann. tit. 33, § 5308(d) — 1 case
In re Appeal of T.O. & L.O., 2021 VT 41 (Vt. 2021). “If DCF has not conducted a suitability assessment, before the family division must enter the temporary-care order, 33 V.S.A. § 5308(d) empowers the court to “order the Department to conduct an investigation of a person seeking custody of the child, and the suitability of that…”
— Vt. Stat. Ann. tit. 33, § 5308(e)(1)(B) — 1 case
In re M.C., Juv. (Vt. 2023). “2 We assume that in employing the term “reasonable efforts,” father did not intend to challenge the court’s reasonable-efforts findings, see 33 V.S.A. §§ 5308(e)(1)(B), 5321(h)(1), insofar as he has not appealed any such determination.”
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