The Vermont Statutes Online

Title 14 : Decedents Estates and Fiduciary Relations

Chapter 111 : Guardianship

Subchapter 002 : PERSONS FOR WHOM GUARDIANS APPOINTED

• § 2626a. Consensual standby guardianship

  (a)(1) If the petition requests a consensual standby guardianship, the petition shall include or be accompanied by a consent signed by the custodial parent attesting that the custodial parent understands the nature of the standby guardianship and knowingly and voluntarily consents to the standby guardianship.

  (2) The consent required by this subsection shall be on a form approved by the Court Administrator.

  (b)(1) The court shall schedule a hearing on the petition within 14 days. The custodial parent shall be permitted to appear at and participate in the hearing remotely.

  (2) On or before the date of the hearing, the parties shall file an agreement between the proposed guardian and the custodial parents. The agreement shall provide:

  (A) that the parties are creating a standby guardianship that is effective only if the custodial parent has been subject to an adverse immigration action that renders the custodial parent unavailable to care for the child;

  (B) the responsibilities of the guardian;

  (C) the responsibilities of the parents;

  (D) the expected duration of the guardianship, if known;

  (E) parent-child contact and parental involvement in decision making; and

  (F) that the guardianship shall presumptively terminate if the custodial parent is released from custody and reunited with the child.

  (3) Any party may notify the court that the guardianship is presumptively terminated pursuant to subdivision (2)(F) of this subsection.

  (c) Vermont Rule of Probate Procedure 43 (relaxed rules of evidence in probate proceedings) shall apply to hearings under this section.

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

  (1) the child is a child in need of guardianship as defined in subdivision 2622(2)(A) of this title because the parent has been subject to an adverse immigration action that renders the parent unavailable to care for the child;

  (2) the child’s custodial parents knowingly and voluntarily consented to the standby guardianship;

  (3) the guardian or the custodial parent’s attorney made reasonable efforts to notify the parent of the proceeding;

  (4) the agreement is voluntary;

  (5) the proposed guardian is suitable; and

  (6) the guardianship is in the best interests of the child.

  (e) There shall be a rebuttable presumption that the guardianship is in the best interests of the child if:

  (1) the custodial parent has been subject to an adverse immigration action and is unavailable to care for their child;

  (2) all parties consented to the guardianship; and

  (3) the custodial parent is represented by an attorney.

  (f) If the court grants the petition, it shall approve the agreement at the hearing and issue an order establishing a guardianship under section 2628 of this title within 45 days after the petition was filed, unless the court extends the time for issuing the order for good cause shown. 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. (Added 2025, No. 31, § 5, eff. May 22, 2025.)