2013 Vermont Statutes
Title 14 Decedents' Estates and Fiduciary Relations
Chapter 111 GUARDIANSHIP
§ 2664 Creation of permanent guardianship

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 capable or willing to provide adequate care to the child, requiring that parental rights and responsibilities be awarded to a permanent guardian.

(2) Neither returning the child to the parents nor adoption of the child is likely within a reasonable period of time.

(3) The child is at least 12 years old unless the proposed permanent guardian is:

(A) a relative; or

(B) the permanent guardian of one of the child's siblings.

(4) The child has resided with the permanent guardian for at least a year or the permanent guardian is a relative with whom the child has a relationship and with whom the child has resided for at least six months.

(5) A permanent guardianship is in the best interests of the child.

(6) 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 may voluntarily 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. (Added 1999, No. 162 (Adj. Sess.), 2; amended 2009, No. 97 (Adj. Sess.), 1; 2009, No. 154 (Adj. Sess.), 123, 123a.)