Vermont Statutes Title 33. Human Services, § 5252. Request for emergency care order

(a) If an officer takes a child who is alleged to be delinquent into custody, the officer shall immediately notify the child's custodial parent, guardian, or custodian and release the child to the care of child's custodial parent, guardian, or custodian unless the officer determines that the child's immediate welfare or the protection of the community, or both, require the child's continued removal from the home.

(b) If the officer determines that the child's immediate welfare, the protection of the community, or both, require the child's continued removal from the home, the officer shall:

(c) If the child is taken into custody during regular court hours, the State's Attorney shall immediately file a request for an emergency care order accompanied by the supporting affidavit or direct the immediate return of the child to the child's custodial parent, guardian, or custodian. If the child is taken into custody after regular court hours or on a weekend or holiday, the State's Attorney or officer shall contact a judge to request an emergency care order or return the child to the child's custodial parent, guardian, or custodian. If an order is granted, the State's Attorney shall file the supporting affidavit with the Family Division of the Superior Court on the next day that the court is open.

(d) If the judge denies a request for an emergency care order, the State's Attorney shall direct the immediate return of the child to the child's custodial parent, guardian, or custodian.