reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 21 - Abuse Prevention › § 1109. Appeals

§ 1109. Appeals
An order of the court issued under section 1103 of this title shall be treated as a final order for the purposes of appeal. Appeal may be taken by either party to the Supreme Court under the Vermont Rules of Appellate Procedure and the appeal shall be determined forthwith. (Added 1985, No. 79, § 6.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 21 - Abuse Prevention › § 1110. Requests for child support; transfer to Office of Magistrate

§ 1110. Requests for child support; transfer to Office of Magistrate
A request for child support under this chapter may be transferred by the court to the Office of Magistrate for hearing and disposal. A magistrate’s support order granted under this section may not exceed three months unless the relief from abuse proceeding is consolidated with an action for legal separation, divorce, or parentage. (Added 1993, No. 228 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 21 - Abuse Prevention › § 1115. Limitation or denial of visitation

§ 1115. Limitation or denial of visitation
In any proceeding under this title, the fact that a parent has been convicted of any of the following offenses against the parent’s child shall be a ground for limiting or denying visitation:
(1) sexual assault as defined in 13 V.S.A. § 3252;
(2) aggravated sexual assault as defined in 13 V.S.A. § 3253;
(3) lewd and lascivious conduct as defined in 13 V.S.A. § 2601;
(4) sexual activity by a caregiver as defined in 33 V.S.A. § 6913;
(5) kidnapping as defined in 13 V.S.A. § 2405(a)(1)(D);
(6) lewd and lascivious conduct with a child as defined in 13 V.S.A. § 2602;
(7) prohibited acts in violation of 13 V.S.A. § 2635;
(8) sexual exploitation of children as defined in 13 V.S.A. chapter 64; or
(9) an attempt to commit any offense listed in this section. (Added 1995, No. 170 (Adj. Sess.), § 33, eff. May 15, 1996.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 21 - Abuse Prevention › § 1150. Findings and intent

§ 1150. Findings and intent
(a) The General Assembly finds that:
(1) persons attempting to escape from actual or threatened domestic violence, sexual assault, stalking, and human trafficking frequently establish new addresses in order to prevent their assailants or probable assailants from finding them; and
(2) persons who provide reproductive health care services or gender- affirming health care services, persons who assist others in obtaining reproductive health care services or gender-affirming health care services, and persons who exercise their legal right to obtain reproductive health care services or gender-affirming health care services in this State may be harassed, intimidated, or threatened because of their legally protected health care activity.
(b) It is the purpose of this subchapter to:
(1) enable State and local agencies to respond to requests for public records without disclosing the location of persons identified in subsection (a) of this section;
(2) promote interagency cooperation with the Secretary of State in providing address confidentiality for persons identified in subsection (a) of this section; and
(3) enable State and local agencies and school districts to accept a Program participant’s use of an address, and local agencies to accept an address, designated by the Secretary of State as a substitute mailing address. (Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001; amended 2023, No. 14, § 8, eff. May 10, 2023.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 21 - Abuse Prevention › § 1153. Certification cancellation

§ 1153. Certification cancellation
(a) The Secretary of State may cancel a Program participant’s certification if, after the passage of 14 days:
(1) from the date of changing his or her name, the Program participant does not notify the Secretary that he or she has obtained a name change; however, the Program participant may reapply under his or her new name;
(2) from the date of changing his or her address, the Program participant fails to notify the Secretary of the change of address; or
(3) from the date the secretary first receives mail, forwarded to the Program participant’s address, returned as nondeliverable.
(b) The Secretary shall cancel certification of a Program participant who applies using false information.
(c) The Secretary shall send notice of cancellation to the Program participant. Notice of cancellation shall set out the reasons for cancellation. The Program participant shall have 30 days to appeal the cancellation decision under procedures developed by the Secretary.
(d) Program participants may withdraw from the Program by giving the Secretary written notice of their intention. The Secretary shall establish, by rule, a secure procedure for ensuring that the request for withdrawal is legitimate. (Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001; amended 2001, No. 28, § 4, eff. May 21, 2001.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 21 - Abuse Prevention › § 1154. Agency use of designated address; agency other than law enforcement agency

§ 1154. Agency use of designated address; agency other than law enforcement agency
(a) A Program participant shall request that State and local agencies, other than law enforcement agencies, use the substitute address as the participant’s address. When creating a new public record, State and local agencies, other than law enforcement agencies, shall accept the substitute address, unless the Secretary has determined that:
(1) the agency has a bona fide requirement for the use of the actual address that would otherwise be confidential under this subchapter;
(2) the address will be used only for those statutory and administrative purposes;
(3) the agency has identified the specific Program participant’s record for which the waiver is requested;
(4) the agency has identified the individuals who will have access to the record; and
(5) the agency has explained how its acceptance of the substitute address will prevent the agency from meeting its obligations under the law and why it cannot meet its statutory or administrative obligation by a change in its internal procedures.
(b) During the review, evaluation, and appeal of an agency’s request, the agency shall accept the use of a Program participant’s substitute address.
(c) The Secretary’s determination to grant or withhold a requested waiver must be based on, but not limited to, an evaluation of the information under subsection (a) of this section.
(d) If the Secretary finds that the agency has a bona fide purpose for the actual address and that the information will only be used for that purpose, the Secretary shall issue the actual address to the agency. Prior to granting the waiver, the Secretary shall notify the Program participant of the waiver, including the name of the agency and the reasons for the waiver. If granted a waiver, the agency shall maintain the confidentiality of the Program participant’s address by redacting the actual address when the record is released to any person.
(e) Denial of the agency waiver request must be made in writing and include a statement of the reasons for denial.
(f) Acceptance or denial of the agency’s waiver request constitutes final agency action. An aggrieved party may appeal.
(g) A Program participant may use the address designated by the Secretary as his or her work address.
(h) The Office of the Secretary shall forward all first-class mail to the appropriate Program participants.
(i) The Secretary shall keep a record of all waivers and all documentation relating to requests for waivers.
(j) Any agency receiving a waiver may not make the Program participant’s actual address available for inspection or copying, except under the following circumstances:
(1) if requested by a law enforcement agency for a law enforcement purpose as defined in subdivision 1151(5) of this title; or
(2) if directed by a court order to a person identified in the order. (Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001; amended 2001, No. 28, § 5, eff. May 21, 2001.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 21 - Abuse Prevention › § 1154a. Agency use of designated address; law enforcement agency

§ 1154a. Agency use of designated address; law enforcement agency
(a) If requested in person by a Program participant to the person creating the record prior to the creation of the record, and upon proof of participation in the Program established by this chapter, a law enforcement agency shall use the participant’s substitute address in:
(1) a summons or complaint for a violation within the jurisdiction of the judicial bureau as set forth in 4 V.S.A. § 1102.
(2) a citation to appear under Rule 3 of the Vermont Rules of Criminal Procedure; or
(3) an accident report filed with the Department of Motor Vehicles.
(b) Nothing in this subchapter shall prevent a law enforcement agency from requiring that a Program participant provide his or her actual address upon request from the agency.
(c) A law enforcement agency may, in its discretion, use a substitute address in any record released by the agency. (Added 2001, No. 28, § 6, eff. May 21, 2001.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 21 - Abuse Prevention › § 1156. Nondisclosure of address in criminal and civil proceedings

§ 1156. Nondisclosure of address in criminal and civil proceedings
No person shall be compelled to disclose a Program participant’s actual address during the discovery phase of or during a proceeding before a court of competent jurisdiction or administrative tribunal unless the court or administrative tribunal finds, based upon a preponderance of the evidence, that the disclosure is required in the interests of justice. A court or administrative tribunal may seal that portion of any record that contains a Program participant’s actual address. Nothing in this subchapter shall prevent the State, in its discretion, from using a Program participant’s actual address in any document or record filed with a court or administrative tribunal if, at the time of filing, the document or record is not a public record. (Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001; amended 2001, No. 28, § 8, eff. May 21, 2001.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 21 - Abuse Prevention › § 1157. Assistance for Program applicants

§ 1157. Assistance for Program applicants
The Secretary of State shall make available a list of State and local agencies and nonprofit agencies that provide counseling and shelter services to victims of domestic violence, sexual assault, stalking, and human trafficking to assist persons applying to be Program participants pursuant to subdivision 1152(a)(1)(A)(i) of this title. Such information provided by the Office of the Secretary or designees to applicants shall in no way be construed as legal advice. (Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001; amended 2011, No. 94 (Adj. Sess.), § 4, eff. May 1, 2012; 2023, No. 14, § 8, eff. May 10, 2023.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 21 - Abuse Prevention › § 1158. Voting by Program participant

§ 1158. Voting by Program participant
A Program participant who is otherwise qualified to vote may register to vote and apply for an early voter absentee ballot pursuant to rules adopted by the Secretary of State under section 1160 of this title. Such rules shall enable a town clerk to substitute, on all voting records of the town, the designation “blind ballot” wherever the name or address of the voter might otherwise appear. The Program participant shall receive early voter absentee ballots for all elections in the jurisdictions for which that individual resides in the same manner as early or absentee voters who qualify under 17 V.S.A. § 2531. The town clerk shall transmit the early voter absentee ballot to the Program participant at the address designated by the participant in his or her application. Neither the name nor the address of a Program participant shall be included in any list of registered voters available to the public. (Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001; amended 2001, No. 6, §§ 12(a), 12(b), eff. April 10, 2001.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 21 - Abuse Prevention › § 1159. Custody and visitation orders

§ 1159. Custody and visitation orders
Nothing in this chapter, nor participation in this Program, affects custody or visitation orders in effect prior to or during program participation. (Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 21 - Abuse Prevention › § 1160. Adoption of rules

§ 1160. Adoption of rules
(a) The Secretary of State shall adopt rules necessary to perform the Secretary’s duties under this subchapter relating to:
(1) program application and certification;
(2) certification cancellation;
(3) agency use of designated addresses and exceptions;
(4) voting by Program participants; and
(5) recording of vital statistics for Program participants.
(b) All such rules shall conform with the findings and intent of the General Assembly, as described in section 1150 of this title, and shall be designed with an understanding of the needs and circumstances of Program participants. (Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001; amended 2011, No. 94 (Adj. Sess.), § 5, eff. May 1, 2012; 2023, No. 14, § 8, eff. May 10, 2023.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 21 - Abuse Prevention › § 1171. Creation of Vermont Council on Domestic Violence

§ 1171. Creation of Vermont Council on Domestic Violence
There is created the Vermont Council on Domestic Violence. The Council shall provide leadership for Vermont’s statewide effort to eradicate domestic violence. (Added 2007, No. 174 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 21 - Abuse Prevention › § 1172. Purpose; powers; duties

§ 1172. Purpose; powers; duties
(a) The Council shall:
(1) facilitate opportunities for dialogue, advocacy, education, and support among State agencies, advocacy groups, and the public;
(2) collect, review, and analyze data and information relating to domestic violence;
(3) provide assistance in developing effective responses to domestic violence, including model policies and procedures, prevention and education initiatives, and domestic-violence-related programs for the criminal justice and human services sectors; specifically, the Council shall work with the Department of State’s Attorneys and Sheriffs and the Department of Corrections to develop recommendations for practice in evidence-based prosecution, risk assessment with domestic violence offenders, the use of deferred sentences in domestic violence cases, standardized probation conditions for domestic violence offenders, appropriate programming options for domestic violence offenders, and strategies for addressing victims of domestic violence who commit crimes as a result of the coercion of a batterer;
(4) recommend changes in State programs, laws, administrative regulations, policies, and budgets related to domestic violence;
(5) establish and maintain standards for intervention programs for perpetrators of domestic violence, and develop a process for certifying that programs are complying with the standards;
(6) review and comment upon legislation relating to domestic violence introduced in the General Assembly at the request of any member of the General Assembly or on its own initiative; and
(7) study the issue of employment discrimination against victims of domestic violence and suggest model workplace protections and policies.
(b) The Council shall collaborate with the Vermont Fatality Review Commission to develop strategies for implementing the Commission’s recommendations.
(c) [Repealed.] (Added 2007, No. 174 (Adj. Sess.), § 14; amended 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 21 - Abuse Prevention › § 1173. Composition and meetings

§ 1173. Composition and meetings
(a) The Council shall consist of the following members to be appointed as follows:
(1) To be appointed by the Governor:
(A) one member of the public who shall be a survivor of domestic violence;
(B) a representative from the same-sex domestic violence service provider community;
(C) a representative from the service provider community for people who are deaf or have disabilities;
(D) a representative from the Department of State’s Attorneys and Sheriffs;
(E) a prosecutor from one of the STOP Domestic Violence units;
(F) a member of the Vermont clergy; and
(G) one member of the public representing the interests of children exposed to domestic violence.
(2) To be appointed by the Chief Justice of the Vermont Supreme Court:
(A) five members of the judiciary, one of whom may be a magistrate, one of whom may be an assistant judge, and one of whom may be a court manager;
(B) one guardian ad litem;
(C) a representative of Vermont Legal Aid; and
(D) a representative of the Vermont Bar experienced in family law.
(3) The following members:
(A) the Secretary of Human Services or designee;
(B) the Director of the Vermont Crime Information Center or designee;
(C) the Defender General or designee;
(D) the Attorney General or designee;
(E) the Executive Director of the Vermont Center for Crime Victim Services or designee;
(F) the Director of the Vermont Network Against Domestic and Sexual Violence or designee;
(G) the Executive Director of the Criminal Justice Training Council or designee;
(H) the Executive Director of the Vermont Commission on Women or designee;
(I) a representative from each county domestic violence task force;
(J) a representative from Vermont’s Supervised Visitation Coalition;
(K) a representative from the Vermont Police Chiefs’ Association;
(L) a representative from the Vermont Sheriffs’ Association;
(M) a representative from the Vermont Coalition of Batterer Intervention Services;
(N) the Commissioner for Children and Families or designee;
(O) the Commissioner of Public Safety or designee;
(P) the Commissioner of Corrections or designee; and
(Q) the Secretary of Education or designee.
(b) The Council may establish any committees necessary to carry out its duties.
(c) The Council shall meet at least quarterly to conduct its business. (Added 2007, No. 174 (Adj. Sess.), § 14; amended 2013, No. 92 (Adj. Sess.), § 255, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 71; 2015, No. 97 (Adj. Sess.), § 81.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 21 - Abuse Prevention › § 1182. Order restricting abusive litigation

§ 1182. Order restricting abusive litigation
(a) A party who meets the requirements of subdivision 1181(1) of this title may request an order restricting abusive litigation:
(1) in any answer or response to the litigation being filed, initiated, advanced, or continued;
(2) by motion made at any time during any open or ongoing case;
(3) in an answer or response to any motion or request for an order; or
(4) orally in any hearing.
(b) Any court of competent jurisdiction may, on its own motion or on motion of a party, determine that a hearing is necessary to determine if a party is engaging in abusive litigation.
(c) Proceedings pursuant to this subchapter may be initiated by petition instituting a new case or by motion in a pending case.
(d) The Court Administrator shall create forms for a petition or motion for an order restricting abusive litigation and an order restricting abusive litigation, and the forms shall be maintained by the clerks of the courts.
(e) No filing fee shall be charged to the unrestricted party for proceedings pursuant to this subchapter, regardless of whether it is filed pursuant to this subchapter.
(f) The provisions of this subchapter are nonexclusive and shall not affect any other remedy available. (Added 2023, No. 48, § 1, eff. September 1, 2023.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 21 - Abuse Prevention › § 1183. Hearing; procedure

§ 1183. Hearing; procedure
At the hearing, evidence of any of the following shall create a rebuttable presumption that litigation is being initiated, advanced, or continued primarily for the purpose of harassing, intimidating, or maintaining contact with the other party:
(1) The same or substantially similar issues between the same or substantially similar parties have been litigated within the past five years in the same court or any other court of competent jurisdiction.
(2) The same or substantially similar issues between the same or substantially similar parties have been raised, pled, or alleged in the past five years and were decided on the merits or dismissed.
(3) Within the last 10 years, the party allegedly engaging in abusive litigation has been sanctioned by any court for filing one or more cases, petitions, motions, or other filings that were found to have been frivolous, vexatious, intransigent, or brought in bad faith involving the same opposing party.
(4) Any court has determined that the party allegedly engaging in abusive litigation has previously engaged in abusive litigation or similar conduct and has been subject to a court order imposing prefiling restrictions. (Added 2023, No. 48, § 1, eff. September 1, 2023.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 21 - Abuse Prevention › § 1184. Burden of proof

§ 1184. Burden of proof
(a) If the court finds by a preponderance of the evidence that a party is engaging in abusive litigation and that any or all of the motions or actions pending before the court are abusive litigation, the litigation shall be dismissed, denied, stricken, or resolved by other disposition with prejudice.
(b) After providing the parties an opportunity to be heard on any order or sanctions to be issued, the court may enter an order restricting abusive litigation that may include conditions deemed necessary and appropriate including:
(1) awarding the other party reasonable attorney’s fees and costs of responding to the abusive litigation, including the cost of seeking the order restricting abusive litigation; and
(2) identifying the party protected by the order and imposing prefiling restrictions upon the party found to have engaged in abusive litigation that pertains to any future litigation against the protected party or the protected party’s dependents.
(c) If the court finds that the litigation does not constitute abusive litigation, the court shall enter written or oral findings and the litigation shall proceed. Nothing in this section or chapter shall be construed as limiting the court’s inherent authority to control the proceedings and litigants before it. (Added 2023, No. 48, § 1, eff. September 1, 2023.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 23 - Civil Unions › § 1201. Definitions

§ 1201. Definitions
As used in this chapter:
(1) “Certificate of civil union” means a document that certifies that the persons named on the certificate have established a civil union in this state in compliance with this chapter and 18 V.S.A. chapter 106.
(2) “Civil union” means that two eligible persons have established a relationship pursuant to this chapter, and may receive the benefits and protections and be subject to the responsibilities of spouses.
(3) “Commissioner” means the Commissioner of Health.
(4) [Repealed.]
(5) “Party to a civil union” means a person who has established a civil union pursuant to this chapter and 18 V.S.A. chapter 106. (Added 1999, No. 91 (Adj. Sess.), § 3; amended 2009, No. 3, § 12, eff. Sept. 1, 2009.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 23 - Civil Unions › § 1202. Requisites of a valid civil union

§ 1202. Requisites of a valid civil union
For a civil union to be established in Vermont, it shall be necessary that the parties to a civil union satisfy all of the following criteria:
(1) not be a party to another civil union or a marriage;
(2) be of the same sex;
(3) meet the criteria and obligations set forth in 18 V.S.A. chapter 106. (Added 1999, No. 91 (Adj. Sess.), § 3; amended 2009, No. 3, § 6, eff. Sept. 1, 2009.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 23 - Civil Unions › § 1203. Person shall not enter a civil union with a relative

§ 1203. Person shall not enter a civil union with a relative
(a) A woman shall not enter a civil union with her mother, grandmother, daughter, granddaughter, sister, brother’s daughter, sister’s daughter, father’s sister, or mother’s sister.
(b) A man shall not enter a civil union with his father, grandfather, son, grandson, brother, brother’s son, sister’s son, father’s brother, or mother’s brother.
(c) A civil union between persons prohibited from entering a civil union in subsection (a) or (b) of this section is void. (Added 1999, No. 91 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 23 - Civil Unions › § 1205. Modification of civil union terms

§ 1205. Modification of civil union terms
Parties to a civil union may modify the terms, conditions, or effects of their civil union in the same manner and to the same extent as married persons who execute an antenuptial agreement or other agreement recognized and enforceable under the law, setting forth particular understandings with respect to their union. (Added 1999, No. 91 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 23 - Civil Unions › § 1207. Commissioner of Health; duties

§ 1207. Commissioner of Health; duties
(a) The Commissioner shall provide civil union license and certificate forms to all town and county clerks.
(b) The Commissioner shall keep a record of all civil unions. (Added 1999, No. 91 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 1 - General Provisions › § 1-102. Who may adopt or be adopted

§ 1-102. Who may adopt or be adopted
(a) Subject to this title, any person may adopt or be adopted by another person for the purpose of creating the relationship of parent and child between them.
(b) If a family unit consists of a parent and the parent’s partner, and adoption is in the best interests of the child, the partner of a parent may adopt a child of the parent. Termination of the parent’s parental rights is unnecessary in an adoption under this subsection. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 1 - General Provisions › § 1-104. Legal relationship between adoptee and adoptive parent after adoption

§ 1-104. Legal relationship between adoptee and adoptive parent after adoption
When a decree of adoption becomes final:
(1) the adoptive parent and the adoptee have the legal relation of parent and child and have all the rights and duties of that relationship including the right of inheritance and succession from or through each other and the kindred of the adoptive parent; and
(2) the adoptee is the child, heir, or issue of the adoptive parent for the purposes of interpretation or construction of a donative disposition in any instrument, whether executed before or after an adoption, unless the instrument expressly states a contrary intention or excludes the adoptee by name or by classification not based on a family or parent and child relationship. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 1 - General Provisions › § 1-105. Legal relationship between adoptee and former parent after adoption

§ 1-105. Legal relationship between adoptee and former parent after adoption
(a) When a decree of adoption becomes final:
(1) all parental rights and duties of each former parent of the adoptee terminate, including the right of inheritance and intestate succession from or through the adoptee, but not including the duty to make past-due payments for child support;
(2) an adoptee’s right of inheritance through intestacy from or through each former parent and the kindred of each former parent terminates; and
(3) the adoptee is not the child, descendant, heir, or issue of a former parent for the purpose of interpretation or construction of a donative disposition in any instrument, whether executed before or after the adoption, unless the document:
(A) expressly states a contrary intention; or
(B) includes the adoptee by name or other means which identifies the adoptee.
(b) If a donative instrument includes an adoptee as provided for in subdivision (a)(3)(B) of this section, a public custodian of adoption records is authorized to release information to the probate division of the superior court to assist in the identification or location of the adoptee. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 1 - General Provisions › § 1-106. Other rights of adoptee

§ 1-106. Other rights of adoptee
A decree of adoption does not affect any benefit from a third person, agency, state, Indian tribe, the United States, or any other country that is due the adoptee when the adoption decree becomes final. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 1 - General Provisions › § 1-107. Proceedings subject to Indian Child Welfare Act

§ 1-107. Proceedings subject to Indian Child Welfare Act
The federal Indian Child Welfare Act, 25 U.S.C. §§ 1901 et seq., governs any proceeding under this title that pertains to an Indian child, as defined by the Indian Child Welfare Act, and prevails over any inconsistent provision of this title. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 1 - General Provisions › § 1-108. Recognition of adoption decree in another jurisdiction

§ 1-108. Recognition of adoption decree in another jurisdiction
A decree or order of adoption issued by a court of any other state which is entitled to full faith and credit in this State, or a decree or order of adoption entered by a court or administrative entity in another country acting pursuant to that country’s law or to any convention or treaty on intercountry adoption which the United States has ratified, has the same effect as a decree or order of adoption issued by a court of this State. The rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though the decree or order were issued by a court of this State. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 1 - General Provisions › § 1-109. Termination of orders and agreements for visitation or communication upon adoption

§ 1-109. Termination of orders and agreements for visitation or communication upon adoption
When a decree of adoption becomes final, except as provided in Article 4 of this title and 33 V.S.A. § 5124, any order or agreement for visitation or communication with the minor shall be unenforceable. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2015, No. 60, § 9.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 1 - General Provisions › § 1-110. Notice of intent to retain parental rights

§ 1-110. Notice of intent to retain parental rights
(a) At any time, a parent or alleged parent of a child born in this State may file in any Probate Division of the Superior Court in this State a notice of intent to retain parental rights. The notice shall specify the name and address of the person filing it, the name and last known address of the other parent of the minor, the name of the minor, if known, and the date or approximate date of the minor’s date of birth.
(b) Each Probate Division of the Superior Court shall maintain a notice filed with that court under subsection (a) of this section within an electronic database that shall serve as a central repository for all such notices.
(c) When a petition to adopt a minor is filed in this State, the register of the Probate Division of the Superior Court in which it is filed shall determine as of the date of the petition whether or not a notice has been filed under this section with respect to the minor to be adopted. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2019, No. 40, § 3.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 1 - General Provisions › § 1-111. Mental health and educational services

§ 1-111. Mental health and educational services
(a) Within six months of the effective date of this title, the agency of human services shall adopt standards for certification of adoption counselors. These standards shall include a description of:
(1) the prerequisites to application for certification including qualification to practice in the social work or the mental health field in an agency, a community mental health center, or in the private sector;
(2) the nature and duration of professional experience which may qualify applicants for certification without further training and examination;
(3) the training and examination process which will be made available to applicants who do not qualify for certification under subdivision (a)(2) of this section. Training and examination shall be made available to applicants at least annually.
(b) The cost of certification shall be borne by the applicant for certification.
(c) The agency of human services shall disseminate to the public:
(1) a list of certified adoption counselors;
(2) information about access to identifying and nonidentifying information contained in confidential adoption records;
(3) educational brochures on adoption, including legal and psychological issues. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 1 - General Provisions › § 1-112. Family Division of the Superior Court jurisdiction

§ 1-112. Family Division of the Superior Court jurisdiction
The Family Division of the Superior Court shall have jurisdiction to hear and dispose of issues pertaining to parental rights and responsibilities, parent-child contact and child support in accordance with the provisions of 15 V.S.A. chapter 11 under the following circumstances:
(1) If two unmarried persons, who have adopted a minor child, terminate their domestic relationship; or
(2) If two unmarried persons, one of whom has adopted a minor child of the other, terminate their domestic relationship. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154, § 238.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 1 - General Provisions › § 1-113. Criminal record checks

§ 1-113. Criminal record checks
(a) Criminal record checks required under this title shall be obtained as provided in this section.
(b) The Commissioner for Children and Families or any judge of the Probate Division of the Superior Court shall obtain from the Vermont Crime Information Center the record of Vermont convictions and pending criminal charges for any person being evaluated to be an adoptive parent.
(c) The Commissioner or Probate judge, through the Vermont Crime Information Center shall request the record of convictions and pending criminal charges of the appropriate criminal repositories in all states in which there is reason to believe the applicant has resided or been employed.
(d) If no disqualifying record is identified at the State level, the Commissioner or Probate judge through the Vermont Crime Information Center shall request from the Federal Bureau of Investigation (FBI) a national criminal history record check of the applicant’s convictions and pending criminal charges. The request to the FBI shall be accompanied by a set of the applicant’s fingerprints and a fee established by the Vermont Crime Information Center which shall be paid by the applicant and shall reflect the cost of obtaining the record from the FBI.
(e) The Vermont Crime Information Center shall send to the requester any record received pursuant to this section or inform the requester that no record exists.
(f) The requester shall promptly provide a copy of any record of convictions and pending criminal charges to the applicant and shall inform the applicant of the right to appeal the accuracy and completeness of the record pursuant to rules adopted by the Vermont Crime Information Center.
(g) Upon completion of the applicant process under this section, the applicant’s fingerprint card and any copies thereof shall be destroyed. (Added 1997, No. 53, § 1, eff. June 26, 1997; amended 1997, No. 139 (Adj. Sess.), § 4; 1997, No. 163 (Adj. Sess.), § 6; 2007, No. 65, § 127a; 2007, No. 77, § 3; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 119 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 2 - Adoption of Minors › § 2-101. Who may place minors for adoption

§ 2-101. Who may place minors for adoption
(a) The only persons who may place a minor for adoption are:
(1) a parent having legal and physical custody of the minor, as provided in subsections (b) and (c) of this section;
(2) a guardian expressly authorized by the court to place the minor for adoption;
(3) an agency to which the minor has been relinquished for purposes of adoption; or
(4) an agency expressly authorized to place the minor for adoption by a court order terminating the relationship between the minor and the minor’s parent or guardian.
(b) Except as provided in subsection (c) of this section, a parent having legal and physical custody of a minor may place the minor for adoption, even if the other parent has not executed a consent or a relinquishment or the other parent’s relationship to the minor has not been terminated.
(c) A parent having legal and physical custody of a minor may not place the minor for adoption if the other parent has legal custody or a right of visitation with the minor and that parent’s whereabouts are known, unless that parent agrees in writing to the placement or, before the placement, the parent who intends to place the minor sends notice of the intended placement by certified mail to the other parent’s last known address.
(d) An agency authorized under this title to place a minor for adoption may place the minor for adoption, even if only one parent has executed a relinquishment or has had his or her parental relationship to the minor terminated. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 2 - Adoption of Minors › § 2-102. Direct placement for adoption by parent or guardian

§ 2-102. Direct placement for adoption by parent or guardian
(a) A parent or guardian authorized to place a minor for adoption may place the minor only with a prospective adoptive parent who has a valid favorable preplacement evaluation or for whom a preplacement evaluation is not required.
(b) A parent or guardian shall personally select a prospective adoptive parent.
(c) A parent or guardian may be assisted by another person in locating a prospective adoptive parent or in transferring legal and physical custody to a prospective adoptive parent.
(d) A prospective adoptive parent may be assisted by another person in locating a minor who is available for adoption.
(e) A prospective adoptive parent shall furnish a copy of the preplacement evaluation to the parent or guardian. The evaluation may be edited to exclude identifying information.
(f) If, at the time of the minor’s placement for adoption, the parent or guardian has not executed a consent to adoption, the parent or guardian will furnish to the prospective adoptive parent a signed statement that:
(1) the transfer of custody is for the purpose of adoption;
(2) the parent or guardian has been informed of the provisions of this title relevant to placement for adoption, consent, and termination of parental rights;
(3) the prospective adoptive parent is authorized to provide support and medical care for a specific period of time.
(g) The prospective adoptive parent shall acknowledge in writing responsibility for the minor’s medical and other care and support and for returning the minor to the custody of the parent or guardian if the consent is not executed within the time specified. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 2 - Adoption of Minors › § 2-103. Placement for adoption by agency

§ 2-103. Placement for adoption by agency
(a) An agency authorized to place a minor for adoption shall furnish to a person who inquires about its services a written statement of its services, including the agency’s procedure for selecting a prospective adoptive parent for a minor, the role of the parent or guardian in the selection, and a schedule of its fees.
(b) A parent shall be informed that he or she may indicate preferences for the selection of the adoptive parent, and may be involved in the selection of the adoptive parent.
(c) An agency that places a minor for adoption shall authorize in writing the prospective adoptive parent to provide support and medical and other care for the minor pending entry of a decree of adoption. The prospective adoptive parent shall acknowledge in writing responsibility for the minor’s support and medical and other care.
(d) An agency shall inform the adoptive parents about any known unique requirements or special needs of the child and the services available to assist with meeting those needs, including any adoption subsidy for which the child may be eligible.
(e) Upon request by a parent who has relinquished a minor child pursuant to Part 4 of this article, the agency shall promptly inform the parent as to whether the minor has been placed for adoption, whether a petition for adoption has been granted, denied, or withdrawn, and, if the petition was not granted, whether another placement has been made. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 2 - Adoption of Minors › § 2-106. Interstate placement

§ 2-106. Interstate placement
An adoption in this State of a minor brought into this State from another state by a prospective adoptive parent, or by a person who places the minor for adoption in this State, is governed by the laws of this State, including this title and the Interstate Compact on the Placement of Children. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 2 - Adoption of Minors › § 2-107. Intercountry placement

§ 2-107. Intercountry placement
An adoption in this State of a minor brought into this State from another country by a prospective adoptive parent, or by a person who places the minor for adoption in this State, is governed by this title, subject to any convention or treaty on intercountry adoption which the United States has ratified, and any relevant federal law. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 2 - Adoption of Minors › § 2-201. Preplacement evaluation required

§ 2-201. Preplacement evaluation required
(a) Except as otherwise provided in subsections (c) and (d) of this section, only a person for whom a favorable written preplacement evaluation has been prepared may accept custody of a minor for purposes of adoption.
(b) An evaluation is valid if it was completed or updated within the 12 months preceding the placement of the minor with the person for adoption.
(c) A court may waive all or a portion of the requirement of a preplacement evaluation for good cause shown, but a person who is the subject of a waiver shall be evaluated during the pendency of a proceeding for adoption.
(d) A preplacement evaluation is not required if a parent or guardian places a minor directly with a relative of the minor for purposes of adoption, but an evaluation of the relative is required during the pendency of a proceeding for adoption. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 1997, No. 139 (Adj. Sess.), § 5; 1997, No. 163 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 2 - Adoption of Minors › § 2-202. Preplacement evaluator

§ 2-202. Preplacement evaluator
(a) A preplacement evaluation may be prepared only by a person who is qualified by the Department to make the evaluation or who meets the qualifications of an evaluator and is appointed by the court.
(b) An evaluator may charge a reasonable fee, based on time spent, for preparing an evaluation, even if the person being evaluated requests that it not be completed. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 2 - Adoption of Minors › § 2-204. Determining suitability to be adoptive parent

§ 2-204. Determining suitability to be adoptive parent
(a) An evaluator shall assess the information required by section 2-203 of this title to determine whether it raises a concern that placement of any minor, or a particular minor, in the home of the person would pose a risk of harm to the physical or psychological well-being of the minor.
(b) If an evaluator determines that the information assessed does not raise a concern that placement of any minor, or a particular minor, in the home of the person would pose a risk of harm to the physical or psychological well-being of the minor, the evaluator shall find that the person is suited to be an adoptive parent. The evaluator may comment about any factor that in the evaluator’s opinion makes the person suited in general or for a particular minor.
(c) If an evaluator determines that the information assessed raises a concern that placement of any minor, or a particular minor, in the home of the person would pose a risk of harm to the physical or psychological well-being of the minor, the evaluator, on the basis of the original or any further investigation, shall find that the person is or is not suited to be an adoptive parent. The evaluator shall support the finding with a written explanation. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 2 - Adoption of Minors › § 2-205. Filing and copies of preplacement evaluation

§ 2-205. Filing and copies of preplacement evaluation
(a) If a preplacement evaluation contains a finding that a person is suited to be an adoptive parent, the evaluator shall give the person a signed copy of the evaluation. At the person’s request, the evaluator shall furnish a copy of the evaluation to a person authorized under this title to place a minor for adoption and, unless the person requests otherwise, edit the copy to exclude identifying information.
(b) If a preplacement evaluation contains a finding that a person is not suited to be an adoptive parent of any minor, or a particular minor, the evaluator shall immediately give a signed copy of the evaluation to the person and to the Department. The Department shall retain for 10 years the copy and a copy of any court order concerning the evaluation issued pursuant to section 2-206 or 2-207 of this title.
(c) An evaluator shall retain for two years the original of a completed or incomplete preplacement evaluation and a list of every source for each item of information in the evaluation.
(d) An evaluator who conducted an evaluation in good faith under this part or under Part 6 of Article 3 of this title is not subject to civil liability for anything contained in the evaluation. (Added 1995, No. 161 (Adj. Sess.), § 1.)