The Vermont Supreme Court's Advisory Committee on Rules for Family Proceedings is set to convene virtually via TEAMS on October 25, 2024. The meeting will take place from 1:30 to 3:00 pm and will address a range of topics concerning family court rules.
The agenda includes the approval of draft minutes from the previous meeting held on July 19, 2024. The committee will also discuss the status of several proposed amendments. Among these is an amendment to V.R.F.P. 1(i)(2)(B) and (7), which pertains to respectful language and has been favorably reviewed by the Legislative Committee on Judicial Rules (LCJR). This amendment was promulgated on August 12, 2024, and will become effective on January 1, 2025.
Another amendment under consideration involves removing V.R.F.P. 15(i), which relates to the eCabinet registration number requirement. This change was also promulgated in August and received favorable review from LCJR in October.
Rules concerning Special Immigration Status for Vulnerable Non-Citizen Children are out for comment until October 14, with Judge McDonald-Cady expected to report on this matter. These rules have been reviewed positively by LCJR as well.
A new family court rule draft related to Extreme Risk Protection Orders (ERPO) has been submitted by a subcommittee comprising Judge McDonald-Cady, Rachel Streker, Laura Bierly, Susan Buckholz, and Kristin Gozzi. This draft will be discussed by the full committee.
An amendment to Rule 4.2(e) regarding venue for post-judgment motions is also up for discussion. The current rule allows filing in a different county unless specific conditions apply; however, changes necessitated by a new e-filing system require adjustments.
The applicability of V.R.Cr.P. 41.1 (Non-Testimonial Orders) to juvenile proceedings is another topic slated for discussion in collaboration with members from the Criminal Rules Committee.
Inconsistencies between statutory provisions and existing rules related to wage withholding petitions are noted as well, with Judge McDonald-Cady reporting on this issue.
Some projects remain on hold due to other priorities, including proposals related to respectful language reviews within Family Rules and amendments concerning child support hearings linked to parent-child contact modifications.
New business items include potential amendments allowing temporary conditions of release in delinquency proceedings before preliminary hearings and adjustments regarding children's testimony in certain cases.
Finally, there is a proposal under consideration that would expand hybrid proceeding requirements beyond abuse prevention matters.
The meeting will conclude with scheduling future meetings for January 24, April 25, July 18, and October 24 in the year ahead before adjourning.