Current Through April 2016

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed.

Consequences

Citation: Ann. Stat. Tit. 13, § 1047In criminal law: When imposing sentence for an offense [of domestic assault] listed in this subchapter, the court may consider whether the offense was committed within the presence of a child.

Current Through February 2016

Physical Abuse

Citation: Ann. Stat. Tit. 33, § 4912‘Abused or neglected child’ means a child whose physical health, psychological growth and development, or welfare is harmed or is at substantial risk of harm by the acts or omissions of his or her parent or other person responsible for the child’s welfare. An ‘abused or neglected child’ also means a child who has died as a result of abuse or neglect.

‘Harm’ can occur by physical injury.

‘Physical injury’ means death, permanent or temporary disfigurement, or impairment of any bodily organ or function by other than accidental means.

‘Serious physical injury’ means, by other than accidental means:

• Physical injury that creates any of the following:
  • A substantial risk of death
  • A substantial loss or impairment of the function of any bodily member or organ
  • A substantial impairment of health
  • Substantial disfigurement
• Strangulation by intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person

‘Risk of harm’ means a significant danger that a child will suffer serious harm by other than accidental means, which harm would be likely to cause physical injury as the result of a single, egregious act that has caused the child to be at significant risk of serious physical injury.

Neglect

Citation: Ann. Stat. Tit. 33, § 4912‘Harm’ can occur by failure to supply the child with adequate food, clothing, shelter, or health care. As used in this subchapter, ‘adequate health care’ includes any medical or nonmedical remedial health care permitted or authorized under State law.

‘Risk of harm’ means a significant danger that a child will suffer serious harm by other than accidental means, which harm would be likely to cause physical injury, including as the result of:

• The production or preproduction of methamphetamines when a child is actually present
• Failing to provide supervision or care appropriate for the child’s age or development and, as a result, the child is at significant risk of serious physical injury
• Failing to provide supervision or care appropriate for the child’s age or development due to use of illegal substances or misuse of prescription drugs or alcohol
• Failing to supervise appropriately a child in a situation in which drugs, alcohol, or drug paraphernalia are accessible to the child

Sexual Abuse/Exploitation

Citation: Ann. Stat. Tit. 33, § 4912‘Sexual abuse’ consists of any act or acts by any person involving sexual molestation or exploitation of a child, including:

• Incest
• Prostitution
• Rape
• Sodomy
• Lewd and lascivious conduct involving a child
• Aiding, abetting, counseling, hiring, or procuring of a child to perform or participate in any photograph, motion picture, exhibition, show, representation, or other presentation that, in whole or in part, depicts sexual conduct, sexual excitement, or sadomasochistic abuse involving a child
• Viewing, possessing, or transmitting child pornography
• Human trafficking
• Sexual assault
• Voyeurism
• Luring a child
• Obscenity

‘Risk of harm’ means a significant danger that a child will suffer serious harm by other than accidental means, which harm would be likely to cause sexual abuse, including as the result of a registered sex offender or person substantiated for sexually abusing a child residing with or spending unsupervised time with a child.

Emotional Abuse

Citation: Ann. Stat. Tit. 33, § 4912‘Harm’ can be caused by emotional maltreatment.

‘Emotional maltreatment’ means a pattern of malicious behavior that results in a child’s impaired psychological growth and development.

Abandonment

Citation: Ann. Stat. Tit. 33, § 4912
‘Harm’ can be caused by the abandonment of the child.

Standards for Reporting

Citation: Ann. Stat. Tit. 33, § 4913
A report is required when a mandatory reporter reasonably suspects abuse or neglect of a child.

Persons Responsible for the Child

Citation: Ann. Stat. Tit. 33, § 4912‘A person responsible for a child’s welfare’ includes:

• The child’s parent, guardian, or foster parent
• Any other adult residing in the home who serves in a parental role
• An employee of a public or private residential home, institution, or agency
• Any other person responsible for the child’s welfare while in a residential, educational, or child care setting, including any staff person

Exceptions

Citation: Ann. Stat. Tit. 33, § 4912A parent or other person responsible for a child’s care legitimately practicing his or her religious beliefs who thereby does not provide specified medical treatment for a child shall not be considered neglectful for that reason alone.

The exchange of images that otherwise may be considered child pornography, when it occurs between mutually consenting minors, including the minor whose image is exchanged, is not considered to be sexual abuse.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Ann. Stat. Tit. 15, § 1101‘Abuse’ means the occurrence of one or more of the following acts between family or household members:

• Attempting to cause or causing physical harm
• Placing another in fear of imminent serious physical harm
• Abuse to children, as defined in subchapter 2 of chapter 49 of title 33
• Stalking, as defined in title 12, § 5131(6)
• Sexual assault, as defined in title 12, § 5131(5)

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Stat. Tit. 13, §§ 1042; 1043; 1044Any person who attempts to cause, willfully or recklessly causes bodily injury to a family or household member, or willfully causes a family or household member to fear imminent serious bodily injury is guilty of ‘domestic assault.’

A person commits the crime of ‘first-degree aggravated domestic assault’ if the person:

• Attempts to cause or willfully or recklessly causes serious bodily injury to a family or household member
• Uses, attempts to use, or is armed with a deadly weapon and threatens to use the deadly weapon on a family or household member
• Commits the crime of domestic assault and has been previously convicted of aggravated domestic assault

A person commits the crime of ‘second-degree aggravated domestic assault’ if the person:

• Commits the crime of domestic assault and such conduct violates:
  • Specific conditions of a criminal court order in effect at the time of the offense imposed to protect that other person
  • A final abuse prevention order issued under title 15, § 1103 or a similar order issued in another jurisdiction
  • A final order against stalking or sexual assault issued under title 12, § 5133 or a similar order issued in another jurisdiction
  • A final order against abuse of a vulnerable adult issued under title 33, § 6935 or a similar order issued in another jurisdiction
• Commits the crime of domestic assault and:
  • Has a prior conviction within the last 10 years for violating an abuse protection order issued
  • Has a prior conviction for domestic assault

For the purpose of this subsection, the term ‘issued in another jurisdiction’ means issued by a court in any other State, federally recognized Indian Tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.

Persons Included in the Definition

Citation: Ann. Stat. Tit. 15, § 1101; Tit. 13, § 1041In civil law: ‘Household members’ means persons who, for any period of time:

• Are living or have lived together
• Are sharing or have shared occupancy of a dwelling
• Are engaged in or have engaged in a sexual relationship
• Are minors or adults who are dating or who have dated

‘Dating’ means a social relationship of a romantic nature. Factors that the court may consider when determining whether a dating relationship exists or existed include:

• The nature of the relationship
• The length of time the relationship has existed
• The frequency of interaction between the parties
• The length of time since the relationship was terminated, if applicable

‘Family’ shall include a reciprocal beneficiary.

In criminal law: As used in this subchapter, ‘family or household members’ means persons who are eligible for relief from abuse, as defined above.

Current Through June 2013

Confidentiality of Records

Citation: Ann. Stat. Tit. 33, § 4916The commissioner shall adopt rules to permit use of the registry records while preserving confidentiality of the registry and other departmental records.

Persons or Entities Allowed Access to Records

Citation: Ann. Stat. Tit. 33, §§ 4916; 4921The commissioner may disclose a registry record only as follows:

• To the State’s attorney or the attorney general
• Upon request or when relevant to other States’ adult protective services offices or child protection agencies
• To the person substantiated for child abuse and neglect who is the subject of the record
• To the commissioner of the Department of Corrections in accordance with the provisions of title 28, § 204a(b)(3)

Disclosure of registry records or information or other records used or obtained in the course of providing services to prevent child abuse or neglect or to treat abused or neglected children and their families by one member of a multidisciplinary team to another member of that team shall not subject either member of the multidisciplinary team, individually, or the team as a whole, to any civil or criminal liability notwithstanding any other provision of law.

The commissioner shall maintain all records of all investigations, assessments, reviews, and responses initiated under this subchapter. The department may use and disclose information from such records in the usual course of its business, including to assess future risk to children, to provide appropriate services to the child or members of the child’s family, or for other legal purposes.

Upon request, the redacted investigation file shall be disclosed to:

• The child’s parents, foster parent, or guardian, provided that the child’s parent, foster parent, or guardian is not the subject of the investigation
• The person alleged to have abused or neglected the child

Upon request, department records shall be disclosed to:

• The court, parties to the juvenile proceeding, and the child’s guardian ad litem if there is a pending juvenile proceeding or if the child is in the custody of the commissioner
• The commissioner or person designated by the commissioner to receive such records
• Persons assigned by the commissioner to conduct investigations
• Law enforcement officers engaged in a joint investigation with the department, an assistant attorney general, or a State’s attorney
• Other State agencies conducting related inquiries or proceedings
• The probate division of the superior court involved in guardianship proceedings

Upon request, relevant department records created under this subchapter may be disclosed to:

• Service providers working with a person or child who is the subject of the report
• Other governmental entities for purposes of child protection

When Public Disclosure of Records is Allowed

This issue is not addressed in the statutes reviewed.

Use of Records for Employment Screening

Citation: Ann. Stat. Tit. 33, § 4919The commissioner may disclose a registry record only as follows:

• To the owner or operator of a facility regulated by the department for the purpose of informing the owner or operator that employment of a specific individual may result in loss of license, registration, or certification
• To an employer if such information is used to determine whether to hire or retain a specific individual providing care, custody, treatment, transportation, or supervision of children or vulnerable adults
• To the commissioners of disabilities, aging, independent living, and mental health for purposes related to the licensing or registration of facilities regulated by those departments
• To the commissioners of health, disabilities, aging, independent living, and mental health for purposes related to oversight and monitoring of persons who are served by or compensated with funds provided by those departments, including persons to whom a conditional offer of employment has been made
• To the board of medical practice for the purpose of evaluating an applicant, licensee, or holder of certification pursuant to title 26, § 1353

An employer providing transportation services to children or vulnerable adults may disclose registry records to the Agency of Human Services for the sole purpose of auditing the records to ensure compliance with this subchapter. An employer shall provide such records at the request of the agency or its designee. Only registry records regarding individuals who provide direct transportation services or otherwise have direct contact with children or vulnerable adults may be disclosed. Volunteers shall be considered employees for purposes of this section.

In no event shall registry records be made available for employment purposes other than as set forth in this subsection or for credit purposes.

Current Through March 2015

Citation: Ann. Stat. Tit. 33, § 4913(d)(1)

Any person, other than a person suspected of child abuse, who in good faith makes a report to the department, shall be immune from any civil or criminal liability that might otherwise be incurred or imposed as a result of making a report.

Current Through February 2013

Individual Responsibility to Report

Citation: Ann. Stat. Tit. 33, § 4913A mandated reporter who has reasonable cause to believe that a child has been abused or neglected shall report within 24 hours.

Content of Reports

Citation: Ann. Stat. Tit. 33, § 4914The report shall contain:

• The name and address of the reporter
• The names and addresses of the child and the child’s parents or other persons responsible for the child, if known
• The age of the child
• The nature and extent of the child’s injuries, including any evidence of previous abuse and neglect of the child or the child’s siblings
• Any other information that the reporter believes might be helpful in establishing the cause of the injuries or the reasons for the neglect

Reporting Suspicious Deaths

Citation:This issue is not addressed in the statutes reviewed.

Reporting Substance-Exposed Infants

Citation:This issue is not addressed in the statutes reviewed.

Agency Receiving the Reports

Citation: Ann. Stat. Tit. 33, § 4914A report shall be made orally or in writing to the Department of Social and Rehabilitation Services.

Initial Screening Decisions

Citation: Ann. Stat. Tit. 33, § 4915Upon receipt of a report of abuse or neglect, the department shall promptly determine whether the report constitutes an allegation of child abuse or neglect. If the report is accepted as a valid allegation of abuse or neglect, the department shall determine whether to conduct an assessment or an investigation.

The decision to conduct an assessment shall include consideration of the following factors:

• The nature of the conduct and the extent of the child’s injury, if any
• The accused person’s prior history of child abuse or neglect, or lack thereof
• The accused person’s willingness or lack thereof to accept responsibility for the conduct and cooperate in remediation

The department shall conduct an investigation when an accepted report involves allegations indicating substantial child endangerment. For purposes of this section, ‘substantial child endangerment’ includes conduct by an adult involving or resulting in sexual abuse and conduct by a person responsible for a child’s welfare involving or resulting in abandonment, child fatality, malicious punishment, or abuse or neglect that causes serious physical injury. The department may conduct an investigation of any report.

Agency Conducting the Assessment/Investigation

Citation: Ann. Stat. Tit. 33, §§ 4915; 4915bThe department shall conduct either an assessment or an investigation. The department shall report to and request assistance from law enforcement in the following circumstances:

• Investigations of child sexual abuse by an alleged perpetrator age 10 or older
• Investigations of serious physical abuse or neglect likely to result in criminal charges or requiring emergency medical care
• Situations that are potentially dangerous to the child or department worker

Assessment/Investigation Procedures

Citation: Ann. Stat. Tit. 33, §§ 4915a; 4915bAn assessment shall include:

• An interview with the child’s parent or any other adult residing in the child’s home who serves in a parental role
• An evaluation of the safety of the child and other children living in the home, which may include an interview with or observation of the children
• In collaboration with the family, identification of family strengths, resources, and service needs, and the development of a plan of services that reduces the risk of harm and improves family well-being

Families have the option of declining the services offered. If the family declines the services, the case shall be closed unless the department determines that sufficient cause exists to begin an investigation. In no instance shall a case be investigated solely because the family declines services.

When an assessment case is closed, there shall be no finding of abuse or neglect, however, the department shall document the outcome of the assessment.

An investigation shall include:

• A visit to the child’s residence and the location of the alleged abuse or neglect
• An interview with or observation of the abused or neglected child
• A determination of the nature, extent, and cause of any abuse or neglect
• A determination of the identity of the person alleged to be responsible for the abuse or neglect
• The identity of any other children living in the same home
• A determination of the immediate and long-term risk to each child if that child remains in the home
• Consideration of the environment and the relationship of any children to the person alleged to be responsible for the suspected abuse or neglect

For cases substantiated by the department, the commissioner shall, to the extent that it is reasonable, provide assistance to the child and the child’s family. Services may be provided to the child’s immediate family whether or not the child remains in the home.

Timeframes for Completing Investigations

Citation: Ann. Stat. Tit. 33, §§ 4912; 4915aThe department shall begin either an assessment or an investigation within 72 hours after the receipt of a report, provided that it has sufficient information to proceed.

The assessment shall be completed within 45 days. Upon written justification by the department, the assessment may be extended, not to exceed a total of 60 days.

Classification of Reports

Citation: Ann. Stat. Tit. 33, § 4912; Code of Rules 13-172-200, § 2010The term ‘substantiated report’ means that the commissioner has determined after investigation that a report is based upon accurate and reliable information that would lead a reasonable person to believe that the child has been abused or neglected.

In regulation: The decision to substantiate a report of child maltreatment shall be based on pertinent, accurate, and reliable information gathered during an investigation. Hearsay information from a reliable source may be considered. All information shall be weighed with other supporting or conflicting data. A statement or disclosure from the child that he or she was abused or neglected is not required.

In order to substantiate an allegation of child abuse or neglect, the division must determine that a reasonable person would conclude that:

• The child is an abused or neglected child as defined in statute.
• Unless the substantiated maltreatment is sexual abuse, a person responsible for the child’s welfare is the perpetrator.

Current Through August 2015

Professionals Required to Report

Citation: Ann. Stat. Tit. 33, § 4913Mandatory reporters include:

• Health-care providers, including physicians, surgeons, osteopaths, chiropractors, physician assistants, resident physicians, interns, hospital administrators, nurses, medical examiners, emergency medical personnel, dentists, psychologists, and pharmacists
• Individual who are employed or contracted and paid by a school district or an approved or recognized independent school, including school superintendents, headmasters, teachers, student teachers, school librarians, school principals, and school guidance counselors
• Child care workers
• Mental health professionals and social workers
• Police officers and probation officers
• Employees, contractors, and grantees of the Agency of Human Services who have contact with clients
• Camp owners, camp administrators, and camp counselors
• Members of the clergy

Reporting by Other Persons

Citation: Ann. Stat. Tit. 33, § 4913Any other concerned person who has reasonable cause to believe that a child has been abused or neglected may report.

Institutional Responsibility to Report

Citation: Ann. Stat. Tit. 33, § 4913An employer or supervisor shall not discharge; demote; transfer; reduce pay, benefits, or work privileges; prepare a negative work performance evaluation; or take any other action detrimental to any employee because that employee filed a good-faith report in accordance with the provisions of this subchapter. Any person making a report under this subchapter shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes detrimental changes in the employment status of the reporting party by reason of his or her making a report.

Standards for Making a Report

Citation: Ann. Stat. Tit. 33, § 4913A report is required when a mandated reporter reasonably suspects abuse or neglect of a child.

Privileged Communications

Citation: Ann. Stat. Tit. 33, § 4913A person may not refuse to make a report required by this section on the grounds that making the report would violate a privilege or disclose a confidential communication, except that a member of the clergy is not required to report if the knowledge comes from a communication that is required to be kept confidential by religious doctrine.

Inclusion of Reporter’s Name in Report

Citation: Ann. Stat. Tit. 33, § 4914Reports shall contain the name and address or other contact information of the reporter.

Disclosure of Reporter Identity

Citation: Ann. Stat. Tit. 33, § 4913The name of and any identifying information about either the person making the report or any person mentioned in the report shall be confidential unless:

• The person making the report specifically allows disclosure.
• A Human Services Board proceeding or judicial proceeding results from the report.
• A court, after a hearing, finds probable cause to believe that the report was not made in good faith and orders the department to make the name of the reporter available.
• A review has been requested pursuant to § 4916a of this title, and the department has determined that identifying information can be provided without compromising the safety of the reporter or the persons mentioned in the report.

Current Through April 2015

This issue is not addressed in the statutes reviewed.

Current Through August 2014

Making The Appointment

Citation: Ann. Stat. Tit. 33, § 5112An attorney shall be appointed for a child who is a party to a proceeding brought under the juvenile judicial proceedings chapters. In addition, a guardian ad litem (GAL) shall be appointed for a child who is a party to a proceeding brought under the juvenile judicial proceedings chapters.

The Use of Court-Appointed Special Advocates (CASAs)

Citation:This issue is not addressed in the statutes reviewed.

Qualifications/Training

Citation: Ann. Stat. Tit. 33, § 5112In a delinquency proceeding, a parent, guardian, or custodian of the child may serve as a GAL for the child, providing his or her interests do not conflict with the interests of the child. The GAL appointed under this section shall not be a party to that proceeding or an employee or representative of such party.

Specific Duties

Citation: VT Rules Fam. Proc., Rule 6.1The GAL shall act as an independent advisor and advocate whose goal shall be to safeguard the respondent’s best interests and legal rights. When the respondent can effectively communicate his or her wishes with respect to any aspect of the proceedings, the GAL’s advocacy shall be consistent with the expressed wishes of the respondent, and the GAL shall state no fact nor disclose any opinion in regard to that aspect of the proceeding except with the express consent of the respondent.

Each GAL shall meet with the respondent, the respondent’s attorney, and others who may be necessary for an understanding of the issues in the proceeding. The GAL shall not contact the court ex parte, nor disclose confidential or privileged information to opposing parties without the express consent of the respondent after consultation with counsel. The GAL shall be familiar with all pertinent pleadings, reports, and other documents. The GAL shall discuss with the respondent and the respondent’s attorney all options that may be presented to the court and shall assist the attorney in advising the respondent regarding those options.

How the Representative Is Compensated

Citation:This issue is not addressed in the statutes reviewed.

Current Through April 2014

When Case Plans Are Required

Citation: Family Services Div. Policies, Policy #69 and #125When a social worker has been assigned to provide ongoing services to an intact family, he or she will complete an initial case plan with the family within 60 days of the date the family risk assessment was completed.

When the child’s custody has been transferred to the Department of Children and Families, the initial case plan must be completed within 6 weeks of custody.

Who May Participate in the Case Planning Process

Citation: Ann. Stat. Tit. 33, § 5121The department shall actively engage families, and solicit and integrate into the case plan the input of the child, the child’s family, relatives, and other persons with a significant relationship to the child. Whenever possible, parents, guardians, and custodians shall participate in the development of the case plan.

Contents of a Case Plan

Code of Rules § 13-171-001; Family Services Div. Policies, Policy #125The case plan is a written document developed by a family services social worker that identifies the family needs; sets forth goals to preserve, rehabilitate, or reunify the family; and documents goal progress.

In policy: The department offers a variety of services, both directly and by contract, designed to keep families together and meet important goals, including:

• Protecting the health, safety, and well-being of the child
• Reinforcing or establishing a set of stable, nurturing relationships between the child and his or her primary family
• Preserving the primary family

When the child must be placed out of his or her home, a placement setting should be selected that is appropriate to the child’s needs. Whenever it meets the child’s or youth’s needs, and to the extent possible, the setting should be:

• Familylike
• In close proximity to the child’s family
• Within the child’s school district
• With siblings
• Consistent with the child’s cultural background

Current Through November 2012

Citation: Vt. Stat. Ann. Tit. 33, § 5316(b)(1) (LexisNexis through 9-14-12)The long-term goal for a child found to be in need of care and supervision is a safe and permanent home. A disposition case plan shall include a permanency goal and an estimated date for achieving the permanency goal. The plan shall specify whether permanency will be achieved through reunification with a custodial parent, guardian, or custodian; adoption; permanent guardianship; or other permanent placement. In addition to a primary permanency goal, the plan may identify a concurrent permanency goal.

Current Through January 2016

Schedule of Hearings

Citation: Ann. Stat. Tit. 33, §§ 5320; 5321If the permanency goal of the disposition case plan is reunification with a parent, guardian, or custodian, the court shall hold a review hearing within 60 days of the date of the disposition order.

A permanency review hearing shall be held no less than every 12 months with the first hearing to be held 12 months after the date the legal custody of the child was transferred, subject to the following exceptions:

• If the child was age 3 or younger at the time of the initial transfer of legal custody, the court may order that permanency review hearings be held as frequently as every 3 months.
• If the child is between age 3 and 6 at the time of the initial transfer of legal custody, the court may order that permanency review hearings be held as frequently as every 6 months.

If the court shortens the time for the permanency review hearing for a younger sibling, that shortened review interval shall be applied to all siblings in the family who are in the legal custody of the Department for Children and Families.

Upon the filing of a petition for a finding of reasonable efforts, the court shall hold a hearing within 30 days to determine, by a preponderance of the evidence, whether the department has made reasonable efforts to finalize the permanency plan for the child that is in effect at the time of the hearing. The hearing may be consolidated with or separate from a permanency hearing. Reasonable efforts to finalize a permanency plan may consist of:

• Reasonable efforts to reunify the child and family when the permanency plan for the child is reunification
• Reasonable efforts to arrange and finalize an alternate permanent living arrangement for the child when the permanency plan for the child does not include reunification

Persons Entitled to Attend Hearings

Citation: Ann. Stat. Tit. 33, § 5321The department shall provide notice of the permanency review to:

• The State’s attorney having jurisdiction
• All parties to the proceeding in accordance with the rules for family proceedings

A foster parent, preadoptive parent, or relative caregiver for the child shall be provided notice of and an opportunity to be heard at any permanency hearing held with respect to the child. This notice shall not be construed as giving such person party status in the proceeding.

Determinations Made at Hearings

Citation: Ann. Stat. Tit. 33, §§ 5320; 5321At the postdisposition review hearing, the court shall monitor progress under the disposition case plan and review parent-child contact.

At the permanency review, the court shall review the permanency plan and determine whether the plan advances the permanency goal recommended by the department. The court may accept or reject the plan but may not designate a particular placement for a child in the department’s legal custody.

The permanency hearing may be held by an administrative body appointed or approved by the court. In the event that the administrative body determines that the existing order should be altered, it shall submit its recommendation to the court for its consideration. In the event that the administrative body determines that the existing order should not be altered, its determination shall be binding unless any party requests review by the court within 10 days of receipt of the determination.

Permanency Options

Citation: Ann. Stat. Tit. 33, § 5321At the permanency hearing, the court shall determine the permanency goal for the child and an estimated time for achieving that goal. The goal shall specify when:

• Legal custody of the child will be transferred to the parent, guardian, or custodian.
• The child will be released for adoption.
• A permanent guardianship will be established for the child.
• A legal guardianship will be established for the child pursuant to an order under chapter 111 of Title 14.
• The child will remain in the same living arrangement or be placed in another planned permanent living arrangement because the commissioner has demonstrated to the satisfaction of the court a compelling reason that it is not in the child’s best interests to:
  • Return home
  • Have residual parental rights terminated and be released for adoption
  • Be placed with a fit and willing relative or legal guardian

Current Through March 2016

Citation: Ann. Stat. Tit. 15A, § 3-504(c)At the time of the hearing under this section, the court shall consider the best interests of the child in accordance with the following criteria:

• The likelihood that the respondent will be able to assume or resume his or her parental duties within a reasonable period of time
• The child’s adjustment to his or her home, school, and community
• The interaction and interrelationship of the child with his or her parents, siblings, and any other person who may significantly affect the child’s best interests
• Whether the parent or alleged parent has played and continues to play a constructive role, including personal contact and demonstrated love and affection, in the child’s welfare

Citation: Ann. Stat. Tit. 33, § 5114At the time of a permanency review, a modification hearing, or at any time a petition or request to terminate all residual parental rights of a parent without limitation as to adoption is filed by the commissioner or the attorney for the child, the court shall consider the best interests of the child in accordance with the following:

• The interaction and interrelationship of the child with his or her parents; siblings; foster parents, if any; and any other person who may significantly affect the child’s best interests
• The child’s adjustment to his or her home, school, and community
• The likelihood that the parent will be able to resume or assume parental duties within a reasonable period of time
• Whether the parent has played and continues to play a constructive role, including personal contact and demonstrated emotional support and affection, in the child’s welfare

Except in cases where a petition or request to terminate all residual parental rights of a parent without limitation as to adoption is filed by the commissioner or the attorney for the child, the court shall also consider whether the parent is capable of playing a constructive role, including demonstrating emotional support and affection, in the child’s welfare.

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Ann. Stat. Tit. 15A, § 3-504If any one of the following grounds exists, the court shall order the termination of parental rights:

• In the case of a child under the age of 6 months, the parent did not exercise parental responsibility once he or she knew or should have known of the child’s birth or expected birth. In making a determination under this subdivision, the court shall consider all relevant factors, which may include the respondent’s failure to:
  • Pay reasonable prenatal, natal, and postnatal expenses in accordance with his or her financial means
  • Make reasonable and consistent payments, in accordance with his or her financial means, for the support of the child
  • Regularly communicate or visit with the minor
  • Manifest an ability and willingness to assume legal and physical custody of the minor
• In the case of a child over the age of 6 months at the time the petition is filed, the respondent did not exercise parental responsibility for a period of at least 6 months immediately preceding the filing of the petition. In making a determination under this subdivision, the court shall consider all relevant factors, which may include the respondent’s failure to:
  • Make reasonable and consistent payments, in accordance with his or her financial means, for the support of the child, although legally obligated to do so
  • Regularly communicate or visit with the minor
  • During any time the minor was not in the physical custody of the other parent, to manifest an ability and willingness to assume legal and physical custody of the minor
• The respondent has been convicted of a crime of violence or has been found by a court of competent jurisdiction to have committed an act of violence that violated a restraining or protective order, and the facts of the crime or violation indicate that the respondent is unfit to maintain a relationship of parent and child with the minor.
• An alleged father has failed to establish paternity.

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Ann. Stat. Tit. 15A, § 3-504If the respondent has proved by a preponderance of evidence that he or she had good cause for not complying with the support and care provisions above or that, for compelling reasons, termination due to conviction of a crime is not justified, the court may not terminate the respondent’s parental rights to a minor except upon a finding by clear and convincing evidence that any one of the grounds exists and that termination is in the best interests of the minor.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through December 2014

Definitions

Citation: Ann. Stat. Tit. 14, § 2661The term ‘permanent guardian’ means one or two adults appointed by the court to act as a parent for a child during the child’s minority. ‘Permanent guardianship’ means a legal guardianship of a minor that is intended to continue with the same guardian, based on the guardian’s express commitment, for the duration of the child’s minority.

The term ‘relative’ means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew of a person, whether related to the person by the whole or the half blood, affinity, or adoption. The term does not include a person’s stepparent.

Purpose of Guardianship

Citation: Ann. Stat. Tit. 14, § 2664An order for permanent guardianship may be issued under the following circumstances:

• Neither parent is capable or willing to provide adequate care to the child, requiring that parental rights and responsibilities be awarded to a permanent guardian.
• Neither returning the child to the parents nor adoption of the child is likely within a reasonable period of time.

A Guardian’s Rights and Responsibilities

Citation: Ann. Stat. Tit. 14, §§ 2662; 2663A permanent guardian shall have parental rights and responsibilities for the child that include:

• Providing the child with:
  • A healthy and safe living environment and daily care
  • Education
  • Necessary and appropriate health care, including medical, dental, and mental health care
• Making decisions regarding:
  • Travel
  • Management of the child’s income and assets
  • The child’s right to marry or enlist in the armed forces
  • Representation of the child in legal actions
  • Any other matter that involves the child’s welfare and upbringing

The permanent guardian shall:

• Before appointment, expressly commit to remain the permanent guardian and assume the parental rights and responsibilities for the child for the duration of the child’s minority
• Be responsible to the court and the child for the health, education, and welfare of the minor
• Comply with all terms of any court order to provide the child’s parent with visitation, contact, or information

While a permanent guardianship is in effect, the parent shall have the following rights:

• Visitation, contact, and information to the extent delineated in the order issued by the family division of the superior court
• Inheritance by and from the child
• Right to consent to adoption of the child

After the court has issued a final order establishing permanent guardianship, the parent shall have no right to seek termination of the guardianship order. The parent may seek only enforcement or modification of an order of visitation, contact, or information.

Qualifying the Guardian

Citation: Ann. Stat. Tit. 14, § 2664(a)(6)The court shall determine whether he proposed permanent guardian:

• Is emotionally, mentally, and physically suitable to become the permanent guardian
• Is financially suitable, with kinship guardianship assistance provided for in title 33, § 4903 if applicable, to become the permanent guardian
• Has expressly committed to remain the permanent guardian for the duration of the child’s minority
• Has expressly demonstrated a clear understanding of the financial implications of becoming a permanent guardian, including an understanding of any resulting loss of State or Federal benefits or other assistance

Procedures for Establishing Guardianship

Citation: Ann. Stat. Tit. 14, § 2664The family division of the superior court may establish a permanent guardianship at a permanency planning hearing or at any other hearing in which a permanent legal disposition of the child can be made, including a child protection proceeding or a delinquency proceeding. The court also shall issue an order permitting or denying visitation, contact, or information with the parent at the same time the order of permanent guardianship is issued. Before issuing an order for permanent guardianship, the court shall find by clear and convincing evidence all of the following:

• Neither parent is capable or willing to provide adequate care to the child, requiring that parental rights and responsibilities be awarded to a permanent guardian.
• Neither returning the child to the parents nor adoption of the child is likely within a reasonable period of time.
• The child is at least age 12, unless the proposed permanent guardian is a relative or the permanent guardian of one of the child’s siblings.
• The child has resided with the permanent guardian for at least 1 year, or the permanent guardian is a relative with whom the child has a relationship and with whom the child has resided for at least 6 months.
• A permanent guardianship is in the best interests of the child.

The parent may voluntarily consent to the permanent guardianship and shall demonstrate an understanding of the implications and obligations of the consent.

Contents of a Guardianship Order

Citation: Ann. Stat. Tit. 14, §§ 2663; 2664; 2667The family division of the superior court shall issue an order regarding visitation, contact, and information based on the best interests of the child. The order may prohibit visitation, contact, and information. The order may incorporate an agreement reached among the parties.

After the family division of the superior court issues a final order establishing permanent guardianship, the case shall be transferred to the appropriate probate division of the superior court in the district in which the permanent guardian resides. Jurisdiction shall continue to lie in the probate division. Appeal of any decision by the probate division of the superior court shall be de novo to the family division.

The probate division of the superior court shall have exclusive jurisdiction to hear any action to enforce, modify, or terminate the initial order issued by the family division of the superior court for visitation, contact, or information. Upon a showing by affidavit of immediate harm to the child, the probate division of the superior court may temporarily stay the order of visitation or contact on an ex parte basis until a hearing can be held, or stay the order of permanent guardianship and assign parental rights and responsibilities to the Commissioner for Children and Families.

A breach by the permanent guardian of an order for visitation, contact, or information shall not be grounds for voiding or terminating the permanent guardianship. However, the court may enforce the order with all the powers and remedies of the court, including contempt.

A modification of an order of visitation or contact shall be based upon a finding by a preponderance of the evidence that there has been a substantial change in the material circumstances, and that the proposed modification is in the best interests of the child.

Modification/Revocation of Guardianship

Citation: Ann. Stat. Tit. 14, § 2666A modification or termination of the permanent guardianship may be requested by the permanent guardian, the child if the child is age 14 or older, or the Commissioner for Children and Families. A modification or termination may also be ordered by the probate division of the superior court on its own initiative. When the permanent guardianship is terminated by the probate division of the superior court order or the death of the permanent guardian, the custody and guardianship of the child shall not revert to the parent, but to the Commissioner for Children and Families as if the child had been abandoned.

An order for modification or termination of the permanent guardianship shall be based on a finding by a preponderance of the evidence that there has been a substantial change in material circumstances, or that one or more findings required by subsection 2664(a) of this title no longer can be supported by the evidence, and that the proposed modification or termination is in the best interests of the child. The burden of proof shall be on the party seeking the modification or termination.

In the event that it is necessary to appoint a successor permanent guardian, the parent may be considered with no greater priority than a third party.

Eligibility for Guardianship Subsidy

Citation: Ann. Stat. Tit. 14, § 2663; Tit. 33, § 4903The parent shall have the primary responsibility to support the child. In the event the income and assets of the parent qualify the child for governmental benefits, the benefits may be conferred upon the child with payment to be made to the permanent guardian. The provision of necessities by the permanent guardian shall not disqualify the child for any benefit or entitlement.

If the child has been in the custody of the Commissioner for Children and Families immediately prior to the creation of the guardianship, the commissioner shall have no further duty of support or care for the child after the establishment of the permanent guardianship unless the family is eligible for kinship guardianship assistance or the commissioner contractually agrees in writing to that support.

The Department for Children and Families may expend, within amounts available for the purposes, what is necessary to protect and promote the welfare of children and adults in this State, including the strengthening of their homes whenever possible, by providing aid to a child in the permanent guardianship of a relative if the child was in the care and custody of the department and was placed in the home of the relative for at least 6 months prior to the creation of the guardianship.

Links to Agency Policies

Vermont Department for Children and Families, Family Services Policy Manual, Kinship Care (PDF – 135 KB)

Vermont Resource Guide for Relatives Caring for Children (PDF – 545 KB)

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Ann. Stat. Tit. 33, §§ 5307; 5308The Department for Children and Families shall provide information to relatives and others with a significant relationship with the child about options to take custody or participate in the care and placement of the child, about the advantages and disadvantages of the options, and about the range of available services and supports.

At the temporary custody hearing, the court may issue orders related to the legal custody of the child as it deems necessary to protect the welfare and safety of the child, including, in order of preference:

• Returning legal custody of the child to the custodial parent
• Transferring temporary legal custody to a noncustodial parent
• Transferring temporary legal custody of the child to a relative, provided:
  • The relative seeking legal custody is a grandparent, great-grandparent, aunt, great-aunt, uncle, great-uncle, stepparent, sibling, or step-sibling of the child.
  • The relative is suitable to care for the child.
• Transferring temporary legal custody of the child to a relative who is not listed above or to a person with a significant relationship with the child
• Transferring temporary legal custody of the child to the commissioner

Requirements for Placement with Relatives

Citation: Ann. Stat. Tit. 33, §§ 5308; 5318In determining suitability of a relative to care for the child, the court shall consider the relationship of the child and the relative and the relative’s ability to:

• Provide a safe, secure, and stable environment
• Exercise proper and effective care and control of the child
• Protect the child from the custodial parent to the degree the court deems such protection necessary
• Support reunification efforts, if any, with the custodial parent
• Consider providing legal permanence if reunification fails

In considering the suitability of a relative, the court may order the department to conduct an investigation and file a written report of its findings with the court. The court may place the child in the temporary custody of the department, pending such investigation.

Whenever the court orders the transfer of legal custody to a noncustodial parent, a relative, or a person with a significant relationship with the child, such orders shall be supported by findings regarding the suitability of that person to assume legal custody of the child and the safety and appropriateness of the placement.

Requirements for Placement of Siblings

This issue is not addressed in the statutes and regulations reviewed.

Relatives Who May Adopt

Citation: Ann. Stat. Tit. 15A, § 1-101A relative is a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew of a person, whether related to the person by the whole-blood or the half-blood, affinity, or adoption. The term does not include a person’s stepparent.

Requirements for Adoption by Relatives

Citation: Ann. Stat. Tit. 15A, §§ 2-201; 2-203A preplacement evaluation is not required if a parent or guardian places a minor directly with a relative for purposes of adoption, but an evaluation of the relative is required during the pendency of a proceeding for adoption.

The evaluation shall indicate whether the person has been:

• Subject to an abuse prevention order
• Charged with or convicted of domestic assault
• The subject of a substantiated complaint filed with the department
• Subject to a court order restricting the person’s parental rights and responsibilities or parent-child contact with a child
• Convicted of a crime other than a minor traffic violation

Current Through March 2016

What Are Reasonable Efforts

Citation: Ann. Stat. Tit. 33, § 5102The term ‘reasonable efforts’ means the exercise of due diligence by the Department for Children and Families to use appropriate and available services to prevent unnecessary removal of the child from his or her home or to finalize a permanency plan.

When Reasonable Efforts Are Required

Citation: Ann. Stat. Tit. 33, §§ 5102; 5321Reasonable efforts must be made to prevent unnecessary removal of the child from the home. In cases involving a child who has been removed from the home, reasonable efforts must be made to finalize the permanency plan for the child. Reasonable efforts to finalize a permanency plan and may consist of:

• When the permanency plan for the child is reunification, efforts to reunify the child and family following the child’s removal from the home
• When the permanency plan for the child does not include reunification, efforts to arrange and finalize an alternate permanent living arrangement for the child

When Reasonable Efforts Are NOT Required

Citation: Ann. Stat. Tit. 33, § 5102When making the reasonable efforts determination, the court may find that no services were appropriate or reasonable considering the circumstances. If the court makes written findings that aggravated circumstances are present, the court may make but is not required to make written findings as to whether reasonable efforts were made to prevent removal of the child from the home. Aggravated circumstances include:

• The parent has subjected a child to abandonment, torture, chronic abuse, or sexual abuse.
• The parent has been convicted of murder or manslaughter of a child.
• The parent has been convicted of a felony crime that results in serious bodily injury to the child or another child of the parent.
• The parental rights of the parent with respect to a sibling have been terminated.

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation: Ann. Stat. Tit. 14, § 2621When parents are temporarily unable to care for their children, guardianship provides a process through which parents can arrange for family members or other parties to care for the children.

How to Establish a Standby Guardian

Citation: Ann. Stat. Tit. 14, § 2622A child in need of guardianship is a child who the parties consent is in need of adult care because of any one of the following:

• The child’s custodial parent has a serious or terminal illness.
• A custodial parent’s physical or mental health prevents the parent from providing proper care and supervision for the child.
• The child’s home is no longer habitable as the result of a natural disaster.
• A custodial parent of the child is incarcerated.
• A custodial parent of the child is on active military duty.
• The parties have articulated and agreed to another reason that guardianship is in the best interests of the child.

How Standby Authority is Activated

Citation: Ann. Stat. Tit. 14, §§ 2623; 2626A parent or a person interested in the welfare of a minor may file a petition with the Probate Division of the Superior Court for the appointment of a guardian for a child. The petition shall include:

• The names and addresses of the parents, the child, and the proposed guardian
• The proposed guardian’s relationship to the child
• The names of all members of the proposed guardian’s household
• Specific reasons with supporting facts why guardianship is sought
• Whether the parties agree that the child is in need of guardianship and that the proposed guardian should be appointed as guardian

If the petition requests a consensual guardianship, the petition shall include a consent signed by the custodial parent or parents verifying that the parent or parents understand the nature of the guardianship and knowingly and voluntarily consent to the guardianship.

The court shall grant the petition if it finds after the hearing by clear and convincing evidence that:

• The child is a child in need of guardianship, as defined above.
• The child’s parents had notice of the proceeding and knowingly and voluntarily consented to the guardianship.
• The agreement is voluntary.
• The proposed guardian is suitable.
• The guardianship is in the best interests of the child.

If the court grants the petition, it shall approve the agreement at the hearing and issue an order establishing a guardianship. The order shall be consistent with the terms of the parties’ agreement, unless the court finds that the agreement was not reached voluntarily or is not in the best interests of the child.

Involvement of the Noncustodial Parent

Citation: Ann. Stat. Tit. 14, § 2622
A custodial parent is the parent who, at the time of the commencement of the guardianship proceeding, has the right and responsibility to provide the routine daily care and control of the child. The rights of the custodial parent may be held solely or shared and may be subject to the court-ordered right of the other parent to have contact with the child. If physical parental rights and responsibilities are shared pursuant to court order, both parents shall be considered ‘custodial parents’ for purposes of this subdivision.

Authority Relationship of the Parent and the Standby

Citation: Ann. Stat. Tit. 14, §§ 2621; 2626(b)It is in the interests of all parties, including the children, that parents and proposed guardians have a shared understanding about the length of time that they expect the guardianship to last, the circumstances under which the parents will resume care for their children, and the nature of the supports and services that are available to assist them.

On or before the date of the hearing, the parties shall file an agreement between the proposed guardian and the parents. The agreement shall address:

• The responsibilities of the guardian
• The responsibilities of the parents
• The expected duration of the guardianship, if known
• Parent-child contact and parental involvement in decision-making

Withdrawing Guardianship

Citation: Ann. Stat. Tit. 14, § 2632A parent may file a motion to terminate a guardianship at any time. The motion shall be filed with the court that issued the guardianship order and served on all parties and interested persons.

If the motion to terminate is made with respect to a consensual guardianship established under § 2626 of this title, the court shall grant the motion and terminate the guardianship unless the guardian files a motion to continue the guardianship within 30 days after the motion to terminate is served.

If the guardian files a motion to continue the guardianship, the matter shall be set for hearing and treated as a nonconsensual guardianship proceeding under § 2627 of this title. The parent shall not be required to show a change in circumstances, and the court shall not grant the motion to continue the guardianship unless the guardian establishes by clear and convincing evidence that the minor is a child in need of guardianship.