Vermont Statutes Annotated

Vt. Stat. Ann. tit. 33, § 5926 (2026)

✓ current as of May 2026

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Subchapter 002 : PROVISIONS RELATING TO INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN[CONTINGENTLY ENACTED]

(Cite as: 33 V.S.A. § 5926)

§ 5926. Placement of neglected or unmanageable children [Contingently repealed; effective until contingency met]

The officers and agencies of this State having authority to place neglected or unmanageable children may place such a child in another state. However, unless parental rights have been judicially terminated any such child being placed in another state pursuant to this compact shall, upon request, be given a court hearing on notice to the parent or guardian with opportunity to be heard prior to his or her being sent to such other state for care and the court finds that:

(1) equivalent facilities for the child are not available in this State;

(2) care in the other state is in the best interest of the child and will not produce undue hardship. (Added 1971, No. 219 (Adj. Sess.), § 11, eff. April 5, 1972.)
§ 5926. Placement of neglected or unmanageable children [Contingently repealed; effective until contingency met]

(Added 1971, No. 219 (Adj. Sess.), § 11, eff. April 5, 1972; contingently repealed by 2021, No. 101 (Adj. Sess.), § 1.)

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2018–2021 · leading case: In re M.C., Juv., 204 A.3d 1123 (Vt. 2018).

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In re M.C., Juv., 204 A.3d 1123 (Vt. 2018). · cites it 3× “In this appeal, we construe 33 V.S.A. § 5926, which provides neglected or unmanageable children subject to the Interstate Compact on the Placement of Children the right to a hearing before being placed out of state.”

In re S.R., Juv., 2021 VT 21 (Vt. 2021). · cites it 7× “appeals the family division’s order granting the request of the Department for Children and Families (DCF) to place him in a secure out-of-state psychiatric residential treatment facility pursuant to 33 V.S.A. § 5926. We conclude that the order was not supported by sufficient…”

In re Guardianship of S.O. (L.O. & T.O., Appellants), 2021 VT 89 (Vt. 2021). “We do not see how the fact that children in DCF custody have a right to a hearing before being placed out of state under 33 V.S.A. § 5926 supports the establishment of a nonconsensual guardianship here, or how the family division’s express authority to create a permanent…”

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