reglab/housing_qa huggingface dataset:
15 V.S.A. § 3-506
2021 Vermont Statutes|Title 15A - Adoption Act|Chapter 3 - General Procedure for Adoption|§ 3-506. Effect of order denying petition

§ 3-506. Effect of order denying petition|(a) If the court fails to find a ground stated in section 3-504 of this title for terminating a relationship of parent and child, the court shall deny the petition to terminate and enter an order as follows:  (1) if the parent who was not the subject of the petition executed a consent or relinquishment contingent upon termination of the other parent's relationship of parent and child, the court shall set aside the consent or relinquishment and make an order determining the temporary physical custody of the child pursuant to sections 2-408 and 2-409 of this title; or (2) if the parent's consent or relinquishment was not contingent, shall terminate the adoption proceeding and grant legal and physical custody of the minor to the parent who was the subject of the petition, unless the court finds by clear and convincing evidence that the prospective adoptive parent has been the primary care provider of the child for such a period of time that the harm to the child occasioned by a change in custody would likely be greater than the harm occasioned by not being parented by the parent who was the subject of the petition. In making this determination, it shall be a rebuttable presumption that it is in the best interests of the minor to be parented by the parent. Under such circumstances and notwithstanding any other provision of law, the court may make a visitation order as provided in section 4-112 of this title.   (b) An order issued under this part denying a petition to terminate a relationship of parent and child is a final order for purposes of appeal. (Added 1995, No. 161 (Adj. Sess.), § 1.)
15 V.S.A. § 3-601
2021 Vermont Statutes|Title 15A - Adoption Act|Chapter 3 - General Procedure for Adoption|§ 3-601. Evaluation during proceeding for adoption

§ 3-601. Evaluation during proceeding for adoption|(a) Not later than five business days after a complete petition for adoption of a minor is filed, the court shall order that an evaluation be made by:  (1) a qualified employee of the agency that placed the minor for adoption; or (2) in a direct placement adoption, the person who made the placement evaluation or another person qualified under section 2-202 of this title.   (b) The court shall provide the evaluator with a copy of the petition for adoption and copies of relevant items filed with the petition. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2017, No. 11, § 49.)
15 V.S.A. § 3-602
2021 Vermont Statutes|Title 15A - Adoption Act|Chapter 3 - General Procedure for Adoption|§ 3-602. Content of post placement evaluation

§ 3-602. Content of post placement evaluation|(a) An evaluation shall be based on a personal interview with the petitioner in the petitioner's residence and observation of the relationship between the minor adoptee and the petitioner.(b) An evaluation shall be in writing and contain:  (1) an account of any change in the petitioner's marital status or family history, physical or mental health, home environment, property, income, or financial obligations since the filing of the preplacement evaluation; (2) all reasonably available information concerning the physical, mental, and emotional condition of the minor adoptee which is not included in any report on the minor's health, genetic, and social history filed in the proceeding for adoption; (3) copies of any court order, judgment, decree, or pending legal proceeding affecting the minor adoptee, the petitioner, or any child of the petitioner; (4) any behavior or characteristics of the petitioner which raise a concern, as described in subsection 2-204(a) of this title; and (5) a recommendation concerning the granting of the petition for adoption. (Added 1995, No. 161 (Adj. Sess.), § 1.)
15 V.S.A. § 3-603
2021 Vermont Statutes|Title 15A - Adoption Act|Chapter 3 - General Procedure for Adoption|§ 3-603. Time and filing of evaluation

§ 3-603. Time and filing of evaluation|(a) The evaluator shall complete a written evaluation and file it with the court within 60 days after receipt of the court's order for an evaluation, unless the court for good cause allows a later filing.(b) If an evaluation produces a concern, as described in subsection 2-204(a) of this title, the evaluation shall be filed immediately and shall explain why the concern poses a risk of harm to the physical or psychological well-being of the minor.(c) An evaluator shall give the petitioner a copy of an evaluation when filed with the court and for two years shall retain a copy and a list of every source for each item of information in the evaluation.(d) A person who prepares an evaluation may charge a reasonable fee based on the time spent in conducting and writing the evaluation.(e) An evaluation fee is subject to review by the court. (Added 1995, No. 161 (Adj. Sess.), § 1.)
15 V.S.A. § 3-701
2021 Vermont Statutes|Title 15A - Adoption Act|Chapter 3 - General Procedure for Adoption|§ 3-701. Time for hearing on petition

§ 3-701. Time for hearing on petition|The hearing on the petition shall take place no sooner than 180 days after the minor has been placed in the home of the adopting parent. For good cause, the court may shorten the time for the hearing. (Added 1995, No. 161 (Adj. Sess.), § 1.)
15 V.S.A. § 3-702
2021 Vermont Statutes|Title 15A - Adoption Act|Chapter 3 - General Procedure for Adoption|§ 3-702. Disclosure of fees and charges

§ 3-702. Disclosure of fees and charges|At least ten days before the hearing:  (1) the petitioner shall file with the court a signed and verified accounting of any payment or disbursement of money or anything of value made or agreed to be made by or on behalf of the petitioner in connection with the adoption or pursuant to Article 7 of this title. The accounting shall include the date and amount of each payment or disbursement made, the name and address of each recipient, and the purpose of each payment or disbursement; (2) the attorney for a petitioner, parent, or guardian shall file with the court an affidavit itemizing any fee, compensation, or other thing of value received by, or agreed to be paid to, the attorney incidental to the placement and adoption of the minor; and (3) if an agency or guardian placed the minor for adoption, the agency or guardian shall file with the court an affidavit itemizing any fee, compensation, or other thing of value received by the agency for, or incidental to, the placement and adoption of the minor. (Added 1995, No. 161 (Adj. Sess.), § 1.)
15 V.S.A. § 3-703
2021 Vermont Statutes|Title 15A - Adoption Act|Chapter 3 - General Procedure for Adoption|§ 3-703. Granting petition for adoption

§ 3-703. Granting petition for adoption|(a) The court shall grant a petition for adoption if it determines by a preponderance of the evidence that the adoption will be in the best interests of the minor, and that:  (1) the adoptee has been in the physical custody of the petitioner for at least 180 days unless the court for good cause shown waives this requirement; (2) notice of the proceeding for adoption has been served or dispensed with as to any person entitled to receive notice under Part 4 of this article; (3) every necessary consent, relinquishment, waiver, disclaimer of paternal interest, judicial order terminating parental rights, including an order issued under Part 5 of this article, or other document has been obtained and filed with the court; (4) any evaluation required by this title has been filed with and considered by the court; (5) the petitioner is a suitable adoptive parent for the minor; (6) if applicable, any requirement of this title governing an interstate or intercountry placement for adoption has been met; (7) the Indian Child Welfare Act, 25 U.S.C. §§ 1901 et seq., is not applicable to the proceeding or, if applicable, its requirements have been met; (8) an accounting and affidavit required by section 3-702 of this title has been reviewed by the court, and the court has denied, modified, or ordered reimbursement of any payment or disbursement that is not authorized by Article 7 of this title or is unreasonable or unnecessary when compared with the expenses customarily incurred in connection with an adoption; and (9) the petitioner has received each report required by section 2-105 of this title.   (b) Notwithstanding a finding by the court that an activity prohibited by this title has occurred, if the court makes the determinations required by subsection (a) of this section, the court shall grant the petition for adoption and report the violation to the appropriate authorities or take other appropriate action.(c) Except as otherwise provided in Article 4 of this title, the court shall inform the petitioner and any other person affected by an existing order for visitation or communication with the minor adoptee that the decree of adoption terminates any existing order for visitation or communication. (Added 1995, No. 161 (Adj. Sess.), § 1.)
15 V.S.A. § 3-704
2021 Vermont Statutes|Title 15A - Adoption Act|Chapter 3 - General Procedure for Adoption|§ 3-704. Denial of petition for adoption

§ 3-704. Denial of petition for adoption|If a court denies a petition for adoption, it shall dismiss the proceeding and issue an appropriate order for the legal and physical custody of the minor. If the reason for the denial is that a consent or relinquishment is revoked or set aside pursuant to section 2-408 or 2-409 of this title, the court shall determine the minor's custody according to the criteria stated in those sections. If the petition for adoption is denied for any other reason, the court shall determine the minor's custody according to the best interests of the minor. (Added 1995, No. 161 (Adj. Sess.), § 1.)
15 V.S.A. § 3-705
2021 Vermont Statutes|Title 15A - Adoption Act|Chapter 3 - General Procedure for Adoption|§ 3-705. Decree of adoption

§ 3-705. Decree of adoption|(a) A decree of adoption shall state or contain:  (1) the original name of the minor adoptee, if the adoption is by a stepparent or relative and, in all other adoptions, the original name or initials; (2) the name of the petitioner for adoption; (3) whether the petitioner is married or unmarried; (4) whether the petitioner is a stepparent of the adoptee; (5) the name by which the adoptee is to be known and when the name takes effect; (6) information to be incorporated into a new birth certificate to be issued by the State Registrar of Vital Records, unless the petitioner or an adoptee who has attained 14 years of age requests that a new certificate not be issued; (7) the adoptee's date, time, and place of birth, if known, or in the case of an adoptee born outside the United States, as determined pursuant to subsection (b) of this section; (8) the effect of the decree of adoption as stated in sections 1-104 through 1-106 of this title; and (9) that the adoption is in the best interests of the adoptee.   (b) In determining the date and place of birth of an adoptee born outside the United States, the court shall:  (1) enter the date and place of birth as stated in the birth certificate from the country of origin, the U.S. Department of State's report of birth abroad, or the documents of the U.S. Immigration and Naturalization Service; (2) if the exact place of birth is unknown, enter the information that is known and designate a place of birth according to the best information known with respect to the country of origin; (3) if the exact date of birth is unknown, determine a date of birth based upon medical evidence as to the probable age of the adoptee and other evidence the court considers appropriate; and (4) if documents described in subdivision (1) of this subsection are not available, determine the date and place of birth based upon evidence the court finds appropriate to consider.   (c) Except for a decree of adoption of a minor by a stepparent which is issued pursuant to Article 4 of this title, a decree of adoption of a minor shall contain a statement that any order or agreement for visitation or communication with the minor that was in effect before the decree is issued shall be unenforceable.(d) A decree that substantially complies with the requirements of this section is not subject to challenge solely because one or more items required by this section are not contained in the decree. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2017, No. 46, § 58, eff. July 1, 2019.)
15 V.S.A. § 3-706
2021 Vermont Statutes|Title 15A - Adoption Act|Chapter 3 - General Procedure for Adoption|§ 3-706. Applicability of rules of probate procedure; expeditious hearing of appeals; motion for relief from decree or order; no stay on appeal

§ 3-706. Applicability of rules of probate procedure; expeditious hearing of appeals; motion for relief from decree or order; no stay on appeal|(a) The Vermont Rules of Probate Procedure shall apply to all proceedings under this title, unless a different procedure is specifically prescribed in this title.(b) An appeal from a decree of adoption or other appealable order issued under this title shall be heard expeditiously.(c) Notwithstanding the one-year limitation for filing a motion provided for in Rule 60(b) of the Vermont Rules of Probate Procedure, a motion for relief from a decree of adoption or order under Rule 60(b)(1), (2), and (3) may be filed not more than six months after the decree or order was entered.(d) Notwithstanding Rule 62 of the Vermont Rules of Probate Procedure, an appeal of a decree of adoption or order issued under this title does not operate as an automatic stay of the decree or order.(e) The validity of a decree of adoption issued under this title may not be challenged for failure to comply with an agreement for visitation or communication with an adoptee. (Added 1995, No. 161 (Adj. Sess.), § 1.)
15 V.S.A. § 3-707
2021 Vermont Statutes|Title 15A - Adoption Act|Chapter 3 - General Procedure for Adoption|§ 3-707. Finality of decree

§ 3-707. Finality of decree|Consistent with the best interests of an adoptee, a decree of adoption is a final order for purposes of appeal when it is entered. (Added 1995, No. 161 (Adj. Sess.), § 1.)
15 V.S.A. § 3-801
2021 Vermont Statutes|Title 15A - Adoption Act|Chapter 3 - General Procedure for Adoption|§ 3-801. Report of adoption to State Registrar of Vital Records

§ 3-801. Report of adoption to State Registrar of Vital Records|(a) Within 30 days after a decree of adoption becomes final, the clerk of the court shall prepare, send, and certify to the State Registrar of Vital Records a report of adoption on a form prescribed by the State Registrar. The report shall include:  (1) information in the court's record of the proceeding for adoption that is necessary to locate and identify the adoptee's birth certificate or, in the case of an adoptee born outside the United States, evidence the court finds appropriate to consider as to the adoptee's date and country, state, and municipality of birth, as may be available; (2) information necessary to issue a new birth certificate for the adoptee and a request that a new certificate be issued, unless the court, the adoptive parent, or an adoptee who is 14 years of age or older requests that a new certificate not be issued; and (3) the file number of the decree of adoption and the date on which the decree became final.   (b) Within 30 days after a decree of adoption is amended or set aside, the clerk of the court shall prepare and send to the State Registrar a report of that action on a form prescribed by the State Registrar. The report shall include information necessary to identify the original report of adoption and shall also include information necessary to amend or withdraw any new birth certificate that was issued pursuant to the original report of adoption. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2017, No. 46, § 28, eff. July 1, 2019.)
15 V.S.A. § 4-101
2021 Vermont Statutes|Title 15A - Adoption Act|Chapter 4 - Adoption of Minor Stepchild by Stepparent|§ 4-101. Standing to adopt minor stepchild

§ 4-101. Standing to adopt minor stepchild|(a) A stepparent has standing under this article to petition to adopt a minor stepchild who is the child of the stepparent's spouse if:  (1) the spouse has sole legal and physical custody of the child and the child has been in the physical custody of the spouse and the stepparent during the six months prior to the filing of a petition for adoption; (2) the spouse has joint legal custody of the child with the child's other parent and the child has resided primarily with the spouse and the stepparent during the 12 months next preceding the filing of the petition; (3) the spouse is deceased or mentally incompetent, but before dying or being judicially declared mentally incompetent, had legal and physical custody of the child, and the child has resided primarily with the stepparent during the 12 months prior to the filing of the petition; or (4) an agency placed the child with the stepparent pursuant to section 2-103 of this title.   (b) For good cause shown, a court may allow a person who does not meet the requirements of subdivisions (a)(1) through (4) of this section, but has the consent of the custodial parent of a minor to file a petition for adoption under this article. A petition allowed under this subsection shall be treated as if the petitioner were a stepparent.(c) A petition for adoption by a stepparent may be joined with a petition under Article 3, Part 5 of this title to terminate the relationship of parent and child between a minor adoptee and the adoptee's parent who is not the stepparent's spouse. (Added 1995, No. 161 (Adj. Sess.), § 1.)
15 V.S.A. § 4-102
2021 Vermont Statutes|Title 15A - Adoption Act|Chapter 4 - Adoption of Minor Stepchild by Stepparent|§ 4-102. Legal consequences of adoption of stepchild

§ 4-102. Legal consequences of adoption of stepchild|(a) Except as otherwise provided in subsections (b) and (c) of this section, the legal consequences of an adoption of a stepchild by a stepparent are the same as under sections 1-103 through 1-106 of this title.(b) An adoption by a stepparent does not affect:  (1) the legal relationship between the adoptee and the adoptee's parent who is the adoptive stepparent's spouse or deceased spouse; (2) the right of the adoptee or a descendant of the adoptee to inheritance or intestate succession through or from the adoptee's former parent; or (3) an existing court order for visitation or communication with a minor adoptee by a person related to the adoptee through the parent who is the adoptive stepparent's spouse or deceased spouse; or (4) a court order or agreement for visitation or communication with a minor adoptee approved by the court pursuant to section 4-112 of this title.   (c) Failure to comply with an agreement or order for visitation or communication is not a ground for challenging the validity of an adoption by a stepparent. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 1997, No. 53, § 5, eff. June 26, 1997.)
15 V.S.A. § 4-103
2021 Vermont Statutes|Title 15A - Adoption Act|Chapter 4 - Adoption of Minor Stepchild by Stepparent|§ 4-103. Consent to adoption

§ 4-103. Consent to adoption|Unless consent is not required under section 2-402 of this title, a petition to adopt a minor stepchild may be granted only if consent to the adoption has been executed by a stepchild who has attained 14 years of age and:  (1) the minor's parents as described in subsection 2-401(a) of this title; (2) the minor's guardian if expressly authorized by a court to consent to the minor's adoption; or (3) an agency that placed the minor for adoption by the stepparent. (Added 1995, No. 161 (Adj. Sess.), § 1.)
15 V.S.A. § 4-104
2021 Vermont Statutes|Title 15A - Adoption Act|Chapter 4 - Adoption of Minor Stepchild by Stepparent|§ 4-104. Content of consent by stepparent's spouse

§ 4-104. Content of consent by stepparent's spouse|(a) A consent executed by a parent who is the stepparent's spouse shall be signed or confirmed in the presence of a person specified in section 2-405 of this title, or a person authorized to take acknowledgments.(b) A consent under subsection (a) of this section shall be in writing, shall contain the required statements described in subdivisions 2-406(a)(1) through (3) of this title and shall state that:  (1) the parent executing the consent has legal and physical custody of the parent's minor child and voluntarily and unequivocally consents to the adoption of the minor by the stepparent; (2) the adoption will not terminate the parental relationship between the parent executing the consent and the minor child; (3) the right of the adoptee or a descendant of the adoptee to inheritance or intestate succession through or from the adoptee's former parent; and (4) the parent executing the consent understands and agrees that the adoption will terminate the relationship of parent and child between the minor's other parent and the minor and will terminate any existing court order for custody, visitation, or communication with the minor, but:  (A) the minor and any descendant of the minor will retain rights of inheritance from or through the minor's other parent; (B) a court order for visitation or communication with the minor by the parent executing the consent, or by a person related to the minor through that parent, or an agreement or order concerning another person which is approved by the court pursuant to section 4-112 of this title survives the decree of adoption, but failure to comply with the terms of the order or agreement is not a ground for revoking or setting aside the consent or the adoption; and (C) the other parent remains liable for arrearages of child support, unless released from that obligation by the parent executing the consent, any guardian ad litem of the minor, and by a governmental entity providing public assistance to the minor.    (c) A consent may not waive further notice of the proceeding for adoption of the minor by the stepparent. (Added 1995, No. 161 (Adj. Sess.), § 1.)