| 1 | 1 | | BILL AS INTRODUCED S.95 |
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| 2 | 2 | | 2025 Page 1 of 16 |
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| 4 | 4 | | |
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| 5 | 5 | | VT LEG #380177 v.1 |
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| 6 | 6 | | S.95 1 |
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| 7 | 7 | | Introduced by Senator Hashim 2 |
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| 8 | 8 | | Referred to Committee on 3 |
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| 9 | 9 | | Date: 4 |
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| 10 | 10 | | Subject: Guardianship; standby guardianship; adverse immigration actions 5 |
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| 11 | 11 | | Statement of purpose of bill as introduced: This bill proposes to establish 6 |
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| 12 | 12 | | standby guardianships for children whose parents have been subject to adverse 7 |
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| 13 | 13 | | immigration actions. 8 |
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| 14 | 14 | | An act relating to standby guardianships for children whose parents have 9 |
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| 15 | 15 | | been subject to adverse immigration actions 10 |
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| 16 | 16 | | It is hereby enacted by the General Assembly of the State of Vermont: 11 |
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| 17 | 17 | | Sec. 1. 14 V.S.A. § 2622 is amended to read: 12 |
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| 18 | 18 | | § 2622. DEFINITIONS 13 |
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| 19 | 19 | | As used in this article: 14 |
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| 20 | 20 | | (1) “Child” means an individual who is under 18 years of age and who 15 |
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| 21 | 21 | | is the subject of a petition for guardianship filed pursuant to section 2623 of 16 |
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| 22 | 22 | | this title. 17 |
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| 23 | 23 | | (2) “Child in need of guardianship” means: 18 |
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| 24 | 24 | | (A) A child who the parties consent is in need of adult care because 19 |
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| 25 | 25 | | of any one of the following: 20 BILL AS INTRODUCED S.95 |
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| 28 | 28 | | |
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| 29 | 29 | | VT LEG #380177 v.1 |
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| 30 | 30 | | (i) The child’s custodial parent has a serious or terminal illness. 1 |
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| 31 | 31 | | (ii) A custodial parent’s physical or mental health prevents the 2 |
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| 32 | 32 | | parent from providing proper care and supervision for the child. 3 |
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| 33 | 33 | | (iii) The child’s home is no longer habitable as the result of a 4 |
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| 34 | 34 | | natural disaster. 5 |
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| 35 | 35 | | (iv) A custodial parent of the child is incarcerated. 6 |
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| 36 | 36 | | (v) A custodial parent of the child is on active military duty. 7 |
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| 37 | 37 | | (vi) A custodial parent of the child is unavailable to care for the 8 |
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| 38 | 38 | | child because the parent has been subject to an adverse immigration action. 9 |
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| 39 | 39 | | (vii) The parties have articulated and agreed to another reason that 10 |
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| 40 | 40 | | guardianship is in the best interests of the child. 11 |
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| 41 | 41 | | (B) A child who is: 12 |
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| 42 | 42 | | (i) abandoned or abused by the child’s parent; 13 |
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| 43 | 43 | | (ii) without proper parental care, subsistence, education, medical, 14 |
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| 44 | 44 | | or other care necessary for the child’s well-being; or 15 |
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| 45 | 45 | | (iii) without or beyond the control of the child’s parent. 16 |
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| 46 | 46 | | (3)(A) “Custodial parent” means a parent who, at the time of the 17 |
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| 47 | 47 | | commencement of the guardianship proceeding, has the right and 18 |
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| 48 | 48 | | responsibility to provide the routine daily care and control of the child. The 19 |
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| 49 | 49 | | rights of the custodial parent may be held solely or shared and may be subject 20 |
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| 50 | 50 | | to the court-ordered right of the other parent to have contact with the child. If 21 BILL AS INTRODUCED S.95 |
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| 52 | 52 | | |
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| 53 | 53 | | |
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| 54 | 54 | | VT LEG #380177 v.1 |
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| 55 | 55 | | physical parental rights and responsibilities are shared pursuant to court order, 1 |
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| 56 | 56 | | both parents shall be considered “custodial parents” for purposes of this 2 |
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| 57 | 57 | | subdivision (3). 3 |
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| 58 | 58 | | (B) In standby guardianship cases filed pursuant to section 2626a of 4 |
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| 59 | 59 | | this title, the following parents shall be considered “custodial parents” for 5 |
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| 60 | 60 | | purposes of this subdivision (3): 6 |
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| 61 | 61 | | (i) the custodial parent who has sole custody of the child; or 7 |
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| 62 | 62 | | (ii) if custodial parenting rights are shared, all the parents who 8 |
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| 63 | 63 | | share custody. 9 |
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| 64 | 64 | | (4) “Nonconsensual guardianship” means a guardianship with respect to 10 |
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| 65 | 65 | | which: 11 |
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| 66 | 66 | | (A) a parent is opposed to establishing the guardianship; or 12 |
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| 67 | 67 | | (B) a parent seeks to terminate a guardianship that the parent 13 |
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| 68 | 68 | | previously agreed to establish. 14 |
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| 69 | 69 | | (5) “Noncustodial parent” means a parent who is not a custodial parent 15 |
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| 70 | 70 | | at the time of the commencement of the guardianship proceeding. 16 |
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| 71 | 71 | | (6) “Parent” means a child’s biological or adoptive parent, including 17 |
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| 72 | 72 | | custodial parents; noncustodial parents; parents with legal or physical 18 |
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| 73 | 73 | | responsibilities, or both; and parents whose rights have never been adjudicated. 19 |
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| 74 | 74 | | (7) “Parent-child contact” means the right of a parent to have visitation 20 |
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| 75 | 75 | | with the child by court order. 21 BILL AS INTRODUCED S.95 |
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| 78 | 78 | | |
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| 79 | 79 | | VT LEG #380177 v.1 |
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| 80 | 80 | | (8) “Standby guardianship” means a consensual guardianship agreement 1 |
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| 81 | 81 | | between the custodial parent and their chosen guardian that meets the 2 |
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| 82 | 82 | | requirements of section 2626a of this title, in which the custodial parent has 3 |
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| 83 | 83 | | been subject to an adverse immigration action that has rendered the parent 4 |
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| 84 | 84 | | unavailable to care for their child. 5 |
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| 85 | 85 | | (9) “Adverse immigration action” means: 6 |
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| 86 | 86 | | (A) arrest or apprehension by any local, state, or federal law 7 |
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| 87 | 87 | | enforcement officer for an alleged violation of federal immigration law; 8 |
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| 88 | 88 | | (B) arrest, detention, or custody by the Department of Homeland 9 |
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| 89 | 89 | | Security or a federal, state, or local agency authorized by or acting on behalf of 10 |
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| 90 | 90 | | the Department of Homeland Security; 11 |
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| 91 | 91 | | (C) departure from the United States under an order of removal, 12 |
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| 92 | 92 | | deportation, exclusion, voluntary departure, or expedited removal or a 13 |
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| 93 | 93 | | stipulation of voluntary departure; 14 |
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| 94 | 94 | | (D) the denial, revocation, or delay of the issuance of a visa or 15 |
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| 95 | 95 | | transportation letter by the Department of State; 16 |
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| 96 | 96 | | (E) the denial, revocation, or delay of the issuance of a parole 17 |
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| 97 | 97 | | document or reentry permit by the Department of Homeland Security; or 18 |
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| 98 | 98 | | (F) the denial of admission or entry into the United States by the 19 |
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| 99 | 99 | | Department of Homeland Security or other local or state officer acting on 20 |
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| 100 | 100 | | behalf of the Department of Homeland Security. 21 BILL AS INTRODUCED S.95 |
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| 103 | 103 | | |
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| 104 | 104 | | VT LEG #380177 v.1 |
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| 105 | 105 | | Sec. 2. 14 V.S.A. § 2623 is amended to read: 1 |
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| 106 | 106 | | § 2623. PETITION FOR GUARDIANSHIP OF MINOR; SERVICE 2 |
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| 107 | 107 | | (a) A parent or a person interested in the welfare of a minor may file a 3 |
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| 108 | 108 | | petition with the Probate Division of the Superior Court for the appointment of 4 |
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| 109 | 109 | | a guardian for a child. The petition shall state: 5 |
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| 110 | 110 | | (1) the names and addresses of the parents, the child, and the proposed 6 |
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| 111 | 111 | | guardian; 7 |
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| 112 | 112 | | (2) the proposed guardian’s relationship to the child; 8 |
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| 113 | 113 | | (3) the names of all members of the proposed guardian’s household and 9 |
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| 114 | 114 | | each person’s relationship to the proposed guardian and the child; 10 |
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| 115 | 115 | | (4) that the child is alleged to be a child in need of guardianship; 11 |
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| 116 | 116 | | (5) specific reasons with supporting facts why guardianship is sought; 12 |
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| 117 | 117 | | (6) whether the parties agree that the child is in need of guardianship 13 |
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| 118 | 118 | | and that the proposed guardian should be appointed as guardian; 14 |
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| 119 | 119 | | (7) the child’s current school and grade level; 15 |
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| 120 | 120 | | (8) if the proposed guardian intends to change the child’s current school, 16 |
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| 121 | 121 | | the name and location of the proposed new school and the estimated date when 17 |
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| 122 | 122 | | the child would enroll; 18 |
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| 123 | 123 | | (9) the places where the child has lived during the last five years, and 19 |
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| 124 | 124 | | the names and present addresses of the persons with whom the child has lived 20 |
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| 125 | 125 | | during that period; and 21 BILL AS INTRODUCED S.95 |
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| 127 | 127 | | |
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| 128 | 128 | | |
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| 129 | 129 | | VT LEG #380177 v.1 |
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| 130 | 130 | | (10) any prior or current court proceedings, child support matters, or 1 |
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| 131 | 131 | | parent-child contact orders involving the child; 2 |
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| 132 | 132 | | (11) whether the petition seeks a standby guardianship and the reasons 3 |
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| 133 | 133 | | for the request, including the adverse immigration action that the custodial 4 |
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| 134 | 134 | | parent is subject to; and 5 |
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| 135 | 135 | | (12) whether the petition is an emergency petition filed pursuant to 6 |
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| 136 | 136 | | subdivision 2625(f)(1) of this title. 7 |
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| 137 | 137 | | (b)(1) A petition for guardianship of a child under this section shall be 8 |
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| 138 | 138 | | served on all parties and interested persons as provided by Rule 4 of the 9 |
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| 139 | 139 | | Vermont Rules of Probate Procedure. 10 |
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| 140 | 140 | | (2)(A) The Probate Division may waive the notice requirements of 11 |
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| 141 | 141 | | subdivision (1) of this subsection (b) with respect to a parent if the court finds 12 |
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| 142 | 142 | | that: 13 |
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| 143 | 143 | | (i) the identity of the parent is unknown; or 14 |
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| 144 | 144 | | (ii) the location of the parent is unknown and cannot be 15 |
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| 145 | 145 | | determined with reasonable effort; or 16 |
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| 146 | 146 | | (iii)(I) the custodial parent is detained as the result of an adverse 17 |
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| 147 | 147 | | immigration action; and 18 |
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| 148 | 148 | | (II) the guardian and the custodial parent’s attorney are unable 19 |
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| 149 | 149 | | to contact the custodial parent after making reasonable efforts. 20 BILL AS INTRODUCED S.95 |
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| 152 | 152 | | |
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| 153 | 153 | | VT LEG #380177 v.1 |
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| 154 | 154 | | (B) After a guardianship for a child is created, the Probate Division 1 |
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| 155 | 155 | | shall reopen the proceeding at the request of a parent of the child who did not 2 |
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| 156 | 156 | | receive notice of the proceeding as required by this subsection. 3 |
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| 157 | 157 | | Sec. 3. 14 V.S.A. § 2625 is amended to read: 4 |
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| 158 | 158 | | § 2625. HEARING; COUNSEL; GUARDIAN AD LITEM 5 |
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| 159 | 159 | | (a) The Probate Division shall schedule a hearing upon the filing of the 6 |
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| 160 | 160 | | petition and shall provide notice of the hearing to all parties and interested 7 |
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| 161 | 161 | | persons who were provided notice under subdivision 2623(c)(1) of this title. 8 |
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| 162 | 162 | | (b) The child shall attend the hearing if he or she the child is 14 years of 9 |
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| 163 | 163 | | age or older unless the child’s presence is excused by the court for good cause. 10 |
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| 164 | 164 | | The child may attend the hearing if he or she the child is less than 14 years of 11 |
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| 165 | 165 | | age. 12 |
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| 166 | 166 | | (c) The court shall appoint counsel for the child if the child will be called 13 |
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| 167 | 167 | | as a witness. In all other cases, the court may appoint counsel for the child. 14 |
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| 168 | 168 | | (d)(1) The child may be called as a witness only if the court finds after 15 |
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| 169 | 169 | | hearing that: 16 |
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| 170 | 170 | | (A) the child’s testimony is necessary to assist the court in 17 |
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| 171 | 171 | | determining the issue before it; 18 |
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| 172 | 172 | | (B) the probative value of the child’s testimony outweighs the 19 |
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| 173 | 173 | | potential detriment to the child; and 20 BILL AS INTRODUCED S.95 |
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| 177 | 177 | | VT LEG #380177 v.1 |
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| 178 | 178 | | (C) the evidence sought is not reasonably available by any other 1 |
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| 179 | 179 | | means. 2 |
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| 180 | 180 | | (2) The examination of a child called as a witness may be conducted by 3 |
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| 181 | 181 | | the court in chambers in the presence of such other persons as the court may 4 |
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| 182 | 182 | | specify and shall be recorded. 5 |
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| 183 | 183 | | (e) The court may appoint a guardian ad litem for the child on motion of a 6 |
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| 184 | 184 | | party or on the court’s own motion. 7 |
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| 185 | 185 | | (f)(1) The court may grant an emergency guardianship petition filed ex 8 |
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| 186 | 186 | | parte by the proposed guardian, or by the custodial parent’s attorney in the case 9 |
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| 187 | 187 | | of a standby guardianship petition filed pursuant to section 2626a of this title, 10 |
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| 188 | 188 | | if the court finds that: 11 |
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| 189 | 189 | | (A)(i) both parents are deceased or medically incapacitated; and or 12 |
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| 190 | 190 | | (ii) in the case of a standby guardianship petition filed pursuant to 13 |
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| 191 | 191 | | section 2626a of this title, the custodial parent has been subject to an adverse 14 |
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| 192 | 192 | | immigration action that renders the parent unavailable to care for the child; and 15 |
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| 193 | 193 | | (B) the best interests of the child require that a guardian be appointed 16 |
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| 194 | 194 | | without delay and before a hearing is held. 17 |
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| 195 | 195 | | (2) If the court grants an emergency guardianship petition pursuant to 18 |
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| 196 | 196 | | subdivision (1) of this subsection (f), it shall schedule a hearing on the petition 19 |
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| 197 | 197 | | as soon as practicable and in no event more than three business days after the 20 |
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| 198 | 198 | | petition is filed. 21 BILL AS INTRODUCED S.95 |
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| 201 | 201 | | |
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| 202 | 202 | | VT LEG #380177 v.1 |
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| 203 | 203 | | Sec. 4. 14 V.S.A. § 2626a is added to read: 1 |
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| 204 | 204 | | § 2626a. CONSENSUAL STANDBY GUARDIANSHIP 2 |
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| 205 | 205 | | (a)(1) If the petition requests a standby consensual guardianship, the 3 |
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| 206 | 206 | | petition shall include or be accompanied by a consent signed by the custodial 4 |
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| 207 | 207 | | parent attesting that the custodial parent understands the nature of the standby 5 |
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| 208 | 208 | | guardianship and knowingly and voluntarily consents to the standby 6 |
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| 209 | 209 | | guardianship. The consent shall provide that the custodial parent’s agreement 7 |
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| 210 | 210 | | is contingent upon the parent becoming subject to an adverse immigration 8 |
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| 211 | 211 | | action that renders the parent unavailable to care for the child. 9 |
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| 212 | 212 | | (2) The consent required by this subsection shall be on a form approved 10 |
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| 213 | 213 | | by the Court Administrator. 11 |
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| 214 | 214 | | (b)(1) The court shall schedule a hearing on the petition within 14 days. 12 |
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| 215 | 215 | | The custodial parent shall be permitted to appear at and participate in the 13 |
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| 216 | 216 | | hearing remotely. 14 |
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| 217 | 217 | | (2) On or before the date of the hearing, the parties shall file an 15 |
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| 218 | 218 | | agreement between the proposed guardian and the custodial parents. The 16 |
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| 219 | 219 | | agreement shall provide: 17 |
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| 220 | 220 | | (A) that the parties intend to create a standby guardianship that is 18 |
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| 221 | 221 | | effective only if the custodial parent has been subject to an adverse 19 |
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| 222 | 222 | | immigration action that renders the custodial parent unavailable to care for the 20 |
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| 223 | 223 | | child; 21 BILL AS INTRODUCED S.95 |
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| 226 | 226 | | |
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| 227 | 227 | | VT LEG #380177 v.1 |
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| 228 | 228 | | (B) the responsibilities of the guardian; 1 |
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| 229 | 229 | | (C) the responsibilities of the parents; 2 |
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| 230 | 230 | | (D) the expected duration of the guardianship, if known; 3 |
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| 231 | 231 | | (E) parent-child contact and parental involvement in decision 4 |
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| 232 | 232 | | making; and 5 |
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| 233 | 233 | | (F) that the guardianship shall presumptively terminate if the 6 |
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| 234 | 234 | | custodial parent is released from custody and reunited with the child. 7 |
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| 235 | 235 | | (3) Any party may notify the court that the guardianship is 8 |
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| 236 | 236 | | presumptively terminated pursuant to subdivision (2)(F) of this subsection. 9 |
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| 237 | 237 | | (c) Vermont Rule of Probate Procedure 43 (relaxed rules of evidence in 10 |
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| 238 | 238 | | probate proceedings) shall apply to hearings under this section. 11 |
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| 239 | 239 | | (d) The court shall grant the petition if it finds after the hearing by clear 12 |
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| 240 | 240 | | and convincing evidence that: 13 |
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| 241 | 241 | | (1) the child is a child in need of guardianship as defined in subdivision 14 |
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| 242 | 242 | | 2622(2)(A) of this title because the parent has been subject to an adverse 15 |
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| 243 | 243 | | immigration action that renders the parent unavailable to care for the child; 16 |
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| 244 | 244 | | (2) the child’s custodial parents knowingly and voluntarily consented to 17 |
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| 245 | 245 | | the standby guardianship; 18 |
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| 246 | 246 | | (3) the guardian or the custodial parent’s attorney made reasonable 19 |
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| 247 | 247 | | efforts to notify the parent of the proceeding; 20 |
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| 248 | 248 | | (4) the agreement is voluntary; 21 BILL AS INTRODUCED S.95 |
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| 252 | 252 | | VT LEG #380177 v.1 |
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| 253 | 253 | | (5) the proposed guardian is suitable; and 1 |
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| 254 | 254 | | (6) the guardianship is in the best interests of the child. 2 |
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| 255 | 255 | | (e) There shall be a rebuttable presumption that the guardianship is in the 3 |
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| 256 | 256 | | best interests of the child if: 4 |
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| 257 | 257 | | (1) the custodial parent has been subject to an adverse immigration 5 |
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| 258 | 258 | | action and is unavailable to care for their child; 6 |
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| 259 | 259 | | (2) all parties consented to the guardianship; and 7 |
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| 260 | 260 | | (3) the custodial parent is represented by an attorney. 8 |
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| 261 | 261 | | (f) If the court grants the petition, it shall approve the agreement at the 9 |
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| 262 | 262 | | hearing and issue an order establishing a guardianship under section 2628 of 10 |
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| 263 | 263 | | this title within 45 days after the petition was filed. The order shall be 11 |
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| 264 | 264 | | consistent with the terms of the parties’ agreement unless the court finds that 12 |
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| 265 | 265 | | the agreement was not reached voluntarily or is not in the best interests of the 13 |
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| 266 | 266 | | child. 14 |
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| 267 | 267 | | Sec. 5. 14 V.S.A. § 2628 is amended to read: 15 |
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| 268 | 268 | | § 2628. GUARDIANSHIP ORDER 16 |
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| 269 | 269 | | (a) If the court grants a petition for guardianship of a child under 17 |
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| 270 | 270 | | subsection 2626(d), 2626a(d), or 2627(d) of this title, the court shall enter an 18 |
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| 271 | 271 | | order establishing a guardianship and naming the proposed guardian as the 19 |
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| 272 | 272 | | child’s guardian. 20 BILL AS INTRODUCED S.95 |
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| 276 | 276 | | VT LEG #380177 v.1 |
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| 277 | 277 | | (b) A guardianship order issued under this section shall include provisions 1 |
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| 278 | 278 | | addressing the following matters: 2 |
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| 279 | 279 | | (1) the powers and duties of the guardian consistent with section 2629 of 3 |
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| 280 | 280 | | this title; 4 |
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| 281 | 281 | | (2) the expected duration of the guardianship, if known; 5 |
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| 282 | 282 | | (3) a family plan on a form approved by the Court Administrator that: 6 |
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| 283 | 283 | | (A) in a consensual case is consistent with the parties’ agreement; or 7 |
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| 284 | 284 | | (B) in a nonconsensual case includes, at a minimum, provisions that 8 |
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| 285 | 285 | | address parent-child contact consistent with section 2630 of this title; and 9 |
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| 286 | 286 | | (4) the process for reviewing the order consistent with section 2631 of 10 |
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| 287 | 287 | | this title. 11 |
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| 288 | 288 | | Sec. 6. 14 V.S.A. § 2629 is amended to read: 12 |
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| 289 | 289 | | § 2629. POWERS AND DUTIES OF GUARDIAN 13 |
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| 290 | 290 | | (a) The court shall specify the powers and duties of the guardian in the 14 |
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| 291 | 291 | | guardianship order. 15 |
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| 292 | 292 | | (b) The duties of a custodial guardian shall include the duty to: 16 |
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| 293 | 293 | | (1) take custody of the child and establish his or her the child’s place of 17 |
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| 294 | 294 | | residence, provided that a guardian shall not change the residence of the child 18 |
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| 295 | 295 | | to a location outside the State of Vermont without prior authorization by the 19 |
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| 296 | 296 | | court following notice to the parties and an opportunity for hearing; 20 |
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| 297 | 297 | | (2) make decisions related to the child’s education; 21 BILL AS INTRODUCED S.95 |
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| 301 | 301 | | VT LEG #380177 v.1 |
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| 302 | 302 | | (3) make decisions related to the child’s physical and mental health, 1 |
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| 303 | 303 | | including consent to medical treatment and medication; 2 |
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| 304 | 304 | | (4) make decisions concerning the child’s contact with others, provided 3 |
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| 305 | 305 | | that the guardian shall comply with all provisions of the guardianship order 4 |
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| 306 | 306 | | regarding parent-child contact and contact with siblings; 5 |
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| 307 | 307 | | (5) receive funds paid for the support of the child, including child 6 |
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| 308 | 308 | | support and government benefits; and 7 |
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| 309 | 309 | | (6) file an annual status report to the Probate Division, with a copy to 8 |
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| 310 | 310 | | each parent at his or her the parent’s last known address, including the 9 |
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| 311 | 311 | | following information: 10 |
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| 312 | 312 | | (A) the current address of the child and each parent; 11 |
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| 313 | 313 | | (B) the child’s health care and health needs, including any medical 12 |
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| 314 | 314 | | and mental health services the child received; 13 |
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| 315 | 315 | | (C) the child’s educational needs and progress, including the name of 14 |
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| 316 | 316 | | the child’s school, day care, or other early education program, the child’s grade 15 |
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| 317 | 317 | | level, and the child’s educational achievements; 16 |
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| 318 | 318 | | (D) contact between the child and his or her the child’s parents, 17 |
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| 319 | 319 | | including the frequency and duration of the contact and whether it was 18 |
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| 320 | 320 | | supervised; 19 |
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| 321 | 321 | | (E) how the parents have been involved in decision making for the 20 |
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| 322 | 322 | | child; 21 BILL AS INTRODUCED S.95 |
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| 323 | 323 | | 2025 Page 14 of 16 |
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| 324 | 324 | | |
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| 325 | 325 | | |
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| 326 | 326 | | VT LEG #380177 v.1 |
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| 327 | 327 | | (F) how the guardian has carried out his or her the guardian’s 1 |
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| 328 | 328 | | responsibilities and duties, including efforts made to include the child’s parents 2 |
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| 329 | 329 | | in the child’s life; 3 |
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| 330 | 330 | | (G) the child’s strengths, challenges, and any other areas of concern; 4 |
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| 331 | 331 | | and 5 |
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| 332 | 332 | | (H) recommendations with supporting reasons as to whether the 6 |
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| 333 | 333 | | guardianship order should be continued, modified, or terminated. 7 |
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| 334 | 334 | | (c) In the case of a standby guardianship petition filed pursuant to section 8 |
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| 335 | 335 | | 2626a of this title, the guardian shall provide notice of all changes and status 9 |
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| 336 | 336 | | reports to the custodial parent at the parent’s last known email address and to 10 |
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| 337 | 337 | | the custodial parent’s attorney at the attorney’s last known address. 11 |
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| 338 | 338 | | Sec. 7. 14 V.S.A. § 2632 is amended to read: 12 |
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| 339 | 339 | | § 2632. TERMINATION 13 |
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| 340 | 340 | | (a) A parent may file a motion to terminate a guardianship at any time. The 14 |
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| 341 | 341 | | motion shall be filed with the Probate Division that issued the guardianship 15 |
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| 342 | 342 | | order and served on all parties and interested persons. 16 |
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| 343 | 343 | | (b)(1) If the motion to terminate is made with respect to a consensual 17 |
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| 344 | 344 | | guardianship established under section 2626 of this title or a standby 18 |
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| 345 | 345 | | guardianship established under section 2626a of this title, the court shall grant 19 |
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| 346 | 346 | | the motion and terminate the guardianship unless the guardian files a motion to 20 |
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| 347 | 347 | | continue the guardianship within 30 days after the motion to terminate is 21 BILL AS INTRODUCED S.95 |
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| 348 | 348 | | 2025 Page 15 of 16 |
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| 349 | 349 | | |
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| 350 | 350 | | |
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| 351 | 351 | | VT LEG #380177 v.1 |
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| 352 | 352 | | served. In the case of a standby guardianship established under section 2626a 1 |
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| 353 | 353 | | of this title, the court shall accept filings that do not meet the format and 2 |
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| 354 | 354 | | signing requirements for the motion under Vermont Rules of Probate 3 |
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| 355 | 355 | | Procedure 10 and 11. 4 |
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| 356 | 356 | | (2) If the guardian files a motion to continue the guardianship, the 5 |
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| 357 | 357 | | matter shall be set for hearing and treated as a nonconsensual guardianship 6 |
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| 358 | 358 | | proceeding under section 2627 of this title. The parent shall not be required to 7 |
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| 359 | 359 | | show a change in circumstances, and the court shall not grant the motion to 8 |
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| 360 | 360 | | continue the guardianship unless the guardian establishes by clear and 9 |
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| 361 | 361 | | convincing evidence that the minor is a child in need of guardianship under 10 |
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| 362 | 362 | | subdivision 2622(2)(B) of this title. In the case of a standby guardianship 11 |
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| 363 | 363 | | established under section 2626 of this title, the custodial parent shall be 12 |
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| 364 | 364 | | permitted to appear at and participate in the hearing remotely. 13 |
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| 365 | 365 | | (3) If the court grants the motion to continue, it shall issue an order 14 |
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| 366 | 366 | | establishing a guardianship under section 2628 of this title. 15 |
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| 367 | 367 | | (c)(1) If the motion to terminate the guardianship is made with respect to a 16 |
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| 368 | 368 | | nonconsensual guardianship established under section 2627 or subdivision 17 |
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| 369 | 369 | | 2632(b)(3) of this title, the court shall dismiss the motion unless the parent 18 |
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| 370 | 370 | | establishes that a change in circumstances has occurred since the previous 19 |
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| 371 | 371 | | guardianship order was issued. 20 BILL AS INTRODUCED S.95 |
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| 372 | 372 | | 2025 Page 16 of 16 |
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| 373 | 373 | | |
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| 374 | 374 | | |
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| 375 | 375 | | VT LEG #380177 v.1 |
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| 376 | 376 | | (2) If the court finds that a change in circumstances has occurred since 1 |
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| 377 | 377 | | the previous guardianship order was issued, the court shall grant the motion to 2 |
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| 378 | 378 | | terminate the guardianship unless the guardian establishes by clear and 3 |
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| 379 | 379 | | convincing evidence that the minor is a child in need of guardianship under 4 |
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| 380 | 380 | | subdivision 2622(2)(B) of this title. 5 |
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| 381 | 381 | | Sec. 8. EFFECTIVE DATE 6 |
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| 382 | 382 | | This act shall take effect on passage. 7 |
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