The Vermont Supreme Court's Advisory Committee on Rules for Family Proceedings is set to convene virtually via TEAMS on January 31, 2025. The meeting will take place from 1:30 to 3:00 pm and will cover a range of topics related to family court rules.
The agenda includes the approval of draft minutes from the previous meeting held on October 25, 2024. One of the key items is the status of proposed amendments concerning special immigration status for vulnerable non-citizen children. This follows significant amendments made by S.163/Act 98 to existing statutes, which were promulgated by the Supreme Court on November 4, 2024, and became effective on January 3, 2025.
Another topic involves an amendment to Rule 4.2(e) regarding venue for post-judgment motions. Judge McDonald-Cady will report on any comments received about this emergency rule, with a decision pending on whether it should become permanent.
The committee will also continue discussions on a proposed rule for Extreme Risk Protection Orders (ERPO), submitted by a subcommittee that includes Judge McDonald-Cady and others. Additionally, there are plans for a joint meeting with members from the Criminal Rules Committee to discuss the applicability of V.R.Cr.P. 41.1 (Non-Testimonial Orders) in juvenile proceedings.
Judge McDonald-Cady is expected to provide updates on several issues including inconsistencies between statutory provisions related to wage withholding petitions and potential amendments allowing temporary conditions of release in delinquency proceedings before preliminary hearings.
Further discussion points include possible amendments related to children's testimony in CHINS and TPR cases, as well as changes to Rule 17(f) concerning hybrid proceedings involving vulnerable adult protection matters.
New business includes a proposal from Judge Zonay aimed at amending Rule 9(c) regarding evidence presentation in ex parte temporary orders. Some ongoing projects have been put on hold due to other priorities within the committee.
The meeting will conclude with scheduling future meetings for April 25, July 18, and October 24 in the year ahead.