The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 18 V.S.A. § 9306)
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§ 9306. Comprehensive evaluation
(a) The Family Division of the Superior Court shall mail a copy of any petition filed
pursuant to section 9305 of this title to the Commissioner, who shall promptly arrange for the preparation of a comprehensive
evaluation of the respondent. The evaluation shall include information regarding the
respondent’s developmental and social functioning that is relevant to the person’s
need for guardianship. The evaluation shall contain recommendations and supporting
data regarding the ability of the respondent to function in society without guardianship
and shall specify those activities for which the respondent needs supervision and
protection and shall include information regarding the availability of one or more
responsible adults to assist the individual in decision-making.
(b) The evaluation shall be prepared by a qualified developmental disabilities professional.
The evaluation shall be completed within 40 days after the court’s service of the
petition upon the Commissioner unless the time period is extended by the court for
cause. The Commissioner shall send the request for evaluation to the evaluator at
least 30 days before it is due. The Commissioner shall provide for reimbursement of
the costs of the evaluation.
(c) The Department shall send a copy of the evaluation to the court, the State’s Attorney,
the director of guardianship services, and to counsel for the respondent. The evaluation
is a confidential document and shall not be further disclosed by the court and the
parties without the consent of the respondent or a person authorized to act on behalf
of the respondent, except that the Department shall release the evaluation to a developmental
services agency, if necessary, for the purpose of obtaining or improving services
to the person.
(d) The evaluation shall not be used as evidence in any other judicial proceeding without
the consent of the respondent or the respondent’s guardian or upon order of the court. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § 1; 2009, No. 154 (Adj. Sess.), § 238; 2023, No. 6, § 220, eff. July 1, 2023.)