Vermont panel reviews juvenile procedure: screenings, hearings and timelines explained

Ben, a committee presenter, told the Judiciary Committee that emergency and temporary care orders are used only rarely and that "if they're in custody, they can only be held at a secure facility." He described risk-and-need screening as the procedure routinely used in delinquency cases prior to filing a petition and said results go to the state's attorney and the child's attorney to inform charging or diversion referrals.

The presenter said the screening is "based on a subset of questions from [the] youth assessment and screening instrument" and is often performed by the Department for Children and Families (DCF) or a contracted community provider. "Typically that's done, or that's required to be done, when children present a low to moderate risk to reoffend," he said, and added that a state's attorney who declines diversion must state on the record why referral "will not serve the ends of justice." Representative Dolan questioned how youths learn they have the option to engage in screening; the presenter replied that DCF or the provider reaches out and youths…