§ 2664. Creation of permanent guardianship
(a) The 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 pursuant to 33 V.S.A. § 5318 or a delinquency proceeding pursuant to 33 V.S.A. § 5232. The court shall also 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:
(1) Neither parent is able to assume or resume parental duties within a reasonable time.
(2) The child has resided with the permanent guardian for at least six months.
(3) A permanent guardianship is in the best interests of the child.
(4) The proposed permanent guardian:
(A)(i) is emotionally, mentally, and physically suitable to become the permanent guardian;
and
(ii) is financially suitable, with kinship guardianship assistance provided for in 33 V.S.A. § 4903 if applicable, to become the permanent guardian;
(B) has expressly committed to remain the permanent guardian for the duration of the child’s
minority; and
(C) 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.
(b) The parent voluntarily may consent to the permanent guardianship, and shall demonstrate
an understanding of the implications and obligations of the consent.
(c) 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.
(d) The Family Division of the Superior Court may name a successor permanent guardian
in the initial permanent guardianship order. Prior to issuing an order naming a successor
permanent guardian, the court shall find by clear and convincing evidence that the
named successor permanent guardian meets the criteria in subdivision (a)(4) of this
section. In the event that the permanent guardian dies or the guardianship is terminated
by the Probate Division of the Superior Court, if a successor guardian is named in
the initial order, custody of the child transfers to the successor guardian pursuant
to subsection 2666(b) of this title. (Added 1999, No. 162 (Adj. Sess.), § 2; amended 2009, No. 97 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), §§ 123, 123a; 2015, No. 170 (Adj. Sess.), § 2, eff. Sept. 1, 2016.)