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VT S0095
Bill
AI Summary
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Creates a new "standby guardianship" allowing custodial parents to pre-designate a guardian for their children that becomes effective if the parent is subject to an adverse immigration action (arrest, detention, deportation, or denial of entry by federal immigration authorities)
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Defines "adverse immigration action" to include arrest for alleged immigration violations, DHS detention, removal/deportation orders, and denial of visas, parole documents, or entry into the United States
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Requires custodial parents to sign a consent form and file an agreement with the proposed guardian specifying guardian responsibilities, parent-child contact, and duration; hearings must be scheduled within 14 days with remote participation permitted
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Establishes a rebuttable presumption that the guardianship is in the child's best interests when the custodial parent is unavailable due to immigration action, all parties consent, and the parent has legal representation
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Guardianship presumptively terminates when the custodial parent is released and reunited with the child; parents may file a motion to terminate at any time, and courts must accept filings that don't meet standard format requirements
Legislative Description
An act relating to standby guardianships for children whose parents have been subject to adverse immigration actions
Last Action
Read 1st time & referred to Committee on Judiciary
2/27/2025