Vermont Statutes Annotated

Vt. Stat. Ann. tit. 33, § 5317 (2026)

✓ current as of May 2026

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(Cite as: 33 V.S.A. § 5317)

§ 5317. Disposition hearing

(a) Timeline. A disposition hearing shall be held no later than 35 days after a finding that a child is in need of care and supervision.

(b) Hearing procedure. If disposition is contested, all parties shall have the right to present evidence and examine witnesses. Hearsay may be admitted and may be relied on to the extent of its probative value. If reports are admitted, the parties shall be afforded an opportunity to examine those making the reports, but sources of confidential information need not be disclosed.

(c) Standard of proof. If the court terminates the parental rights of one or both parents, the standard of proof on the issue of termination shall be clear and convincing evidence. On all other issues, the standard of proof shall be a preponderance of the evidence.

(d) Termination of parental rights. If the Commissioner or the attorney for the child seeks an order at disposition terminating the parental rights of one or both parents and transfer of legal custody to the Commissioner without limitation as to adoption, the court shall consider the best interests of the child in accordance with section 5114 of this title. The Department’s Family Services Division shall not consider payment of child support to the Family Services Division to offset the cost of foster care as a factor in a petition to terminate parental rights.

(e) Further hearing. On its own motion or on the motion of a party, the court may schedule a further hearing to obtain reports or other information necessary for the appropriate disposition of the case. The court shall make an appropriate order for the temporary care of the child pending a final disposition order. The court shall give scheduling priority to cases in which the child has been removed from home. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009; amended 2025, No. 64, § 25b, eff. June 12, 2025.)

Notes of Decisions

Cited in 25 cases (9 in the last 5 years), 2011–2026 · 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× “Although disposition should occur within thirty-five days after a CHINS adjudication, 33 V.S.A. § 5317(a), this timeline is not mandatory.”

In re C. P., 2012 VT 100 (Vt. 2012). · cites it 2× “See 33 V.S.A. § 5317. The UCCJA defines “custody proceeding,” but leaves the definition of the basic component “proceeding” undefined, leaving the matter to state law.”

In re D.F., H.F., M.F. & D.F., Juveniles, 204 A.3d 641 (Vt. 2018). · cites it 2× “In concluding that father had physically abused mother pre- petition, the court credited the hearsay evidence from several children, offered through the testimony of the DCF caseworker, indicating that father did physically abuse mother.”

In re I.B., Juv., 2016 VT 70 (Vt. 2016). · cites it 3× “§ 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.S.A. § 5317(e), 2 are both generally unappealable.”

In re A.M., Juv., 2015 VT 109 (Vt. 2015). · cites it 2× “The statute provides seven different authorized disposition placements, the final one being “[a]n order transferring legal custody to a relative or another person with a significant relationship with the child,” 33 V.S.A. § 5318(a)(7), the alternative placement order sought by…”

In re D.D. (Vt. 2013). · cites it 2× “Although disposition should occur within thirty-five days after a CHINS adjudication, 33 V.S.A. § 5317(a), this timeline is not mandatory.”

In re O.S., Juv. (Vt. 2016). “While she objected to the original disposition proposal, she did not make the argument she is making here when DCF changed its permanency goal.”

In re C.R., Juv. (Vt. 2016). “508 (“Although disposition should occur within thirty-five days after a CHINS adjudication, 33 V.S.A. § 5317(a), this timeline is not mandatory.”

In re M,T, & T.T., Juveniles (Vt. 2017). “175, 181 (1993); see also 33 V.S.A. § 5317(b) (providing that “[h]earsay may be admitted and may be relied on to the extent of its probative value”).”

In Re M.G., Juv. (Vt. 2024). “See 33 V.S.A. § 5317(b) (“Hearsay may be admitted and may be relied on to the extent of its probative value.”

In Re A.A., Juv. (Vt. 2024). “See 33 V.S.A. § 5317(b) (“Hearsay may be admitted and may be relied on to the extent of its probative value.”

In Re J.B., Juv. (Vt. 2023). “33 V.S.A. § 5317(a). Parents’ arguments are essentially an attempt to invalidate the March 2021 disposition order.”

Show all 25 citing cases →

— Vt. Stat. Ann. tit. 33, § 5317(a) — 6 cases

In re D.D., 2013 VT 79 (Vt. 2013). “Although disposition should occur within thirty-five days after a CHINS adjudication, 33 V.S.A. § 5317(a), this timeline is not mandatory.”

In re O.S., Juv. (Vt. 2016). “While she objected to the original disposition proposal, she did not make the argument she is making here when DCF changed its permanency goal.”

In re C.R., Juv. (Vt. 2016). “508 (“Although disposition should occur within thirty-five days after a CHINS adjudication, 33 V.S.A. § 5317(a), this timeline is not mandatory.”

In Re J.B., Juv. (Vt. 2023). “33 V.S.A. § 5317(a). Parents’ arguments are essentially an attempt to invalidate the March 2021 disposition order.”

In Re G.B., Juv. (Vt. 2025).

— Vt. Stat. Ann. tit. 33, § 5317(b) — 9 cases

In re M,T, & T.T., Juveniles (Vt. 2017). “175, 181 (1993); see also 33 V.S.A. § 5317(b) (providing that “[h]earsay may be admitted and may be relied on to the extent of its probative value”).”

In Re M.G., Juv. (Vt. 2024). “See 33 V.S.A. § 5317(b) (“Hearsay may be admitted and may be relied on to the extent of its probative value.”

In Re A.A., Juv. (Vt. 2024). “See 33 V.S.A. § 5317(b) (“Hearsay may be admitted and may be relied on to the extent of its probative value.”

In Re K.M., Juv. (Vt. 2024).

In Re Y.R., Juv. (Vt. 2025).

— Vt. Stat. Ann. tit. 33, § 5317(c) — 3 cases

In Re J.D. & C.D., Juveniles (Vt. 2025).

In re S.K. & Z.K., Juveniles (Vt. 2015).

In re E.C., Juv. (Vt. 2014).

— Vt. Stat. Ann. tit. 33, § 5317(d) — 3 cases

In re M.G., Juv. (Vt. 2015).

In re I.C., M.C., A.C. & A.H., Juveniles (Vt. 2012).

In re S.M. & A.M., Juveniles (Vt. 2011).

— Vt. Stat. Ann. tit. 33, § 5317(e) — 3 cases

In re D.D., 2013 VT 79 (Vt. 2013). “Although disposition should occur within thirty-five days after a CHINS adjudication, 33 V.S.A. § 5317(a), this timeline is not mandatory.”

In re I.B., Juv., 2016 VT 70 (Vt. 2016). “§ 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.S.A. § 5317(e), 2 are both generally unappealable.”

In re D.D. (Vt. 2013). “Although disposition should occur within thirty-five days after a CHINS adjudication, 33 V.S.A. § 5317(a), this timeline is not mandatory.”

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