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Searching 2021-2022 Session

The Vermont Statutes Online


Title 14 : Decedents Estates and Fiduciary Relations

Chapter 111 : GUARDIANSHIP

Subchapter 002 : Persons for Whom Guardians Appointed

(Cite as: 14 V.S.A. § 2621)
  • § 2621. Policy; purposes

    This article shall be construed in accordance with the following purposes and policies:

    (1) It is presumed that the interests of minor children are best promoted in the child's own home. However, when 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.

    (2) Family members can make better decisions about minor children when they understand the consequences of those decisions and are informed about the law and the available supports.

    (3) Decisions about raising a child made by a person other than the child's parent should be based on the informed consent of the parties unless there has been a finding of parental unsuitability.

    (4) When the informed consent of the parents cannot be obtained, parents have a fundamental liberty interest in raising their children unless a proposed guardian can show parental unsuitability by clear and convincing evidence.

    (5) Research demonstrates that timely reunification between parents and their children is more likely when children have safe and substantial contact with their parents.

    (6) 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. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)