Committee hears testimony supporting H.2 to raise juvenile jurisdiction age from 10 to 12

The Judiciary Committee on Jan. 17 heard testimony on H.2, a bill that would raise the minimum age for juvenile delinquency jurisdiction from 10 to 12. Witnesses who spoke in favor of the bill included Kim McManus of the Department of State’s Attorneys and Sheriffs, Susanna Davis, executive director of the Office of Racial Equity (testifying also for the Division of Racial Justice Statistics), and Matthew Bernstein, a state child, youth and family advocate.

The bill would maintain exceptions that allow prosecution of a child of any age for murder, witnesses said. "Our office supports H 2," Matthew Bernstein said, adding that the office also wants broader reforms and supports for older children who will remain within the juvenile system. Susanna Davis said, "The Office of Racial Equity supports the raising of the minimum age for juvenile justice proceedings from 10 to 12," and cited racial-equity concerns including the adultification of children of color.

Why it matters: Advocates and justice system representatives said raising the age aligns Vermont with neighboring states and current research on child development, would reduce formal system involvement for very young children, and could help address racial disparities in juvenile court outcomes.

Support from prosecutors: Kim McManus said the Department of State’s Attorneys and Sheriffs, which participated on the Racial Disparities Advisory Panel, supports the measure. McManus told the committee the number of juveniles aged 10 or 11 who receive delinquency petitions is "quite low," estimating "less than a handful" in a county at any given time. She said many cases involving concerning behavior by young children can be handled through existing CHINS (child in need of care or supervision) proceedings, which focus on child welfare and family supports rather than delinquency adjudication.

CHINS as an alternative: Committee members asked witnesses to explain how CHINS processes differ from delinquency cases. McManus summarized CHINS categories and said CHINS proceedings can include emergency care orders, initial hearings and disposition plans that address a child's welfare and family needs. Bernstein and McManus both said CHINS can overlap with delinquency in some cases but that the CHINS framework exists to respond to welfare and supervision concerns for a range of ages.

Racial equity and developmental science: Susanna Davis and Bernstein emphasized racial disparities and developmental science. Davis referenced a February 2024 recommendation by the Racial Disparities Advisory Panel and cited research summarized by the Center for Policing Equity describing the adultification of Black youth. Bernstein presented data drawn from a Crime Research Group dataset (January 2021–September 2024) and judiciary delinquency filings showing relatively few dispositions for children under 12, while cautioning that the dataset lists age at disposition, not necessarily age at the time of alleged offense. He also noted broader trends and court decisions that have raised protections for children in criminal proceedings.

Data and caveats: Bernstein said the dataset he shared lists docket numbers and age at disposition and warned that one child can appear on multiple docket rows. He told the committee the records show small absolute counts for children under 12 who reached disposition during the January 2021–September 2024 window; he reiterated that more precise analysis would require age-at-offense data and county-level breakdowns.

Next steps and timing: Committee members said additional witnesses will be scheduled and that no vote on H.2 was set for next week. One committee member confirmed "Not on H 2," when asked whether a vote had been scheduled. The committee previewed additional hearings and related bills to be discussed the following week.

Sources and direct testimony in this article are drawn from oral testimony before the Judiciary Committee on Jan. 17, 2025.