The Vermont Statutes Online

Title 14 : Decedents Estates and Fiduciary Relations

Chapter 111 : Guardianship

Subchapter 002 : PERSONS FOR WHOM GUARDIANS APPOINTED

• § 2622. Definitions

  As used in this article:

  (1) “Child” means an individual who is under 18 years of age and who is the subject of a petition for guardianship filed pursuant to section 2623 of this title.

  (2) “Child in need of guardianship” means:

  (A) A child who the parties consent is in need of adult care because of any one of the following:

  (i) The child’s custodial parent has a serious or terminal illness.

  (ii) A custodial parent’s physical or mental health prevents the parent from providing proper care and supervision for the child.

  (iii) The child’s home is no longer habitable as the result of a natural disaster.

  (iv) A custodial parent of the child is incarcerated.

  (v) A custodial parent of the child is on active military duty.

  (vi) A custodial parent of the child is unavailable to care for the child because the parent has been subject to an adverse immigration action.

  (vii) The parties have articulated and agreed to another reason that guardianship is in the best interests of the child.

  (B) A child who is:

  (i) abandoned or abused by the child’s parent;

  (ii) without proper parental care, subsistence, education, medical, or other care necessary for the child’s well-being; or

  (iii) without or beyond the control of the child’s parent.

  (3) “Custodial parent” means a 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.

  (4) “Nonconsensual guardianship” means a guardianship with respect to which:

  (A) a parent is opposed to establishing the guardianship; or

  (B) a parent seeks to terminate a guardianship that the parent previously agreed to establish.

  (5) “Noncustodial parent” means a parent who is not a custodial parent at the time of the commencement of the guardianship proceeding.

  (6) “Parent” means a child’s biological or adoptive parent, including custodial parents; noncustodial parents; parents with legal or physical responsibilities, or both; and parents whose rights have never been adjudicated.

  (7) “Parent-child contact” means the right of a parent to have visitation with the child by court order.

  (8) “Standby guardianship” means a consensual guardianship agreement between the custodial parent and their chosen guardian that meets the requirements of section 2626a of this title, in which the custodial parent has been subject to an adverse immigration action that has rendered the parent unavailable to care for their child.

  (9) “Adverse immigration action” means:

  (A) arrest or apprehension by any federal law enforcement officer for an alleged violation of federal immigration law;

  (B) arrest, detention, or custody by the Department of Homeland Security, or a federal, state, or local agency authorized by or acting on behalf of the Department of Homeland Security, for an alleged violation of federal immigration law;

  (C) departure from the United States under an order of removal, deportation, exclusion, voluntary departure, or expedited removal or a stipulation of voluntary departure;

  (D) the denial, revocation, or delay of the issuance of a visa or transportation letter by the Department of State;

  (E) the denial, revocation, or delay of the issuance of a parole document or reentry permit by the Department of Homeland Security; or

  (F) the denial of admission or entry into the United States by the Department of Homeland Security or other local or state officer acting on behalf of the Department of Homeland Security. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014; amended 2025, No. 31, § 2, eff. May 22, 2025.)