Vermont Statutes Title 14 Sec. 2621
Terms Used In Vermont Statutes Title 14 Sec. 2621
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
§ 2621. Policy; purposes
This article shall be construed in accordance with the following purposes and policies:
(1) It is presumed that the interests of minor children are best promoted in the child’s own home. However, when parents are temporarily unable to care for their children, guardianship provides a process through which parents can arrange for family members or other parties to care for the children.
(2) Family members can make better decisions about minor children when they understand the consequences of those decisions and are informed about the law and the available supports.
(3) Decisions about raising a child made by a person other than the child’s parent should be based on the informed consent of the parties unless there has been a finding of parental unsuitability.
(4) When the informed consent of the parents cannot be obtained, parents have a fundamental liberty interest in raising their children unless a proposed guardian can show parental unsuitability by clear and convincing evidence.
(5) Research demonstrates that timely reunification between parents and their children is more likely when children have safe and substantial contact with their parents.
(6) It is in the interests of all parties, including the children, that parents and proposed guardians have a shared understanding about the length of time that they expect the guardianship to last, the circumstances under which the parents will resume care for their children, and the nature of the supports and services that are available to assist them. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)