Advisory Committee on Rules for Family Proceedings Meeting 7-11-25

VERMONT SUPREME COURT
ADVISORY COMMITTEE ON RULES FOR FAMILY PROCEEDINGS
AGENDA FOR MEETING OF
July 11, 2025

The Family Rules Committee will meet virtually on TEAMS on July 11, 2025, from 1:30 - 3:00 pm to consider the following agenda:
1. Welcome and Membership Update
2. Approval of draft minutes for the meeting of April 25, 2025 sent via email with this agenda.
3. Status of proposed amendments:
a. Amendment to Rule 4.2(e) Related to Venue for Post-Judgment Motions: Pursuant to the Committee's request, the Supreme Court promulgated the proposed amendment to Rule 4.2(e) related to venue for post-judgment motions on November 6, 2024, as an emergency rule. The deadline for comments on the emergency rule was January 6, 2025. Committee to discuss an amendment to the emergency rule to propose to the Supreme Court as the final rule. A draft of the new amendment distributed.1
b. Amendment to Rule 17(f) related to hybrid proceedings. The amendment to Rule 17(f) incorporates proceedings related to abuse maltreatment prevention for vulnerable adults, 33 V.S.A. §§ 6931-694, into the rule that allows RFA proceedings to be hybrid unless otherwise ordered by the court. The amendment was sent out for comment by the Supreme Court. Comments were due by May 12, 2025. The amendment was favorably reviewed by the Legislative Committee on Judicial Rules on March 28, 2025. Judge McDonald Cady to report on any comments she has received. Committee to consider whether to request that the Supreme Court promulgate the amendment.
c. Amendment to V.R.F.P. 1 (b)(3) to allow the issuance of temporary conditions of release in delinquency proceedings prior to a preliminary hearing. The proposed amendment was sent out for comment by the Supreme Court. Comments were due by July 7, 2025. Judge McDonald-Cady to report on a comment from Judge Kalfus that the amendment cover YO proceedings as well as delinquency proceedings. Committee to discuss whether to amend the rule prior to a request that it be promulgated.
d. V.R.F.P. 19 - Proposed Rule for Extreme Risk Protection Orders (ERPO): The proposed rule was sent out for comment by the Supreme Court. Comments are due by July 7, 2025. udge McDonald-Cady to report on any comments received. Committee to consider whether to recommend to the Court that the rule be promulgated.
4. Amendment to Rule 9(c) related to the issuance of ex parte temporary relief from abuse orders: The last sentence of this RFA rule entitles a plaintiff, prior to a denial by the court of motion for an ex parte temporary RFA, to present evidence to the court if the court decides there is insufficient evidence for the temporary order. Based on the discussion at the April meeting, a revised draft of an amendment that modifies this procedure has been prepared. Committee to discuss the draft and vote on whether to recommend to the Supreme Court that the amendment go out for comment.
5. Amendment to Rule 2 related to the testimony of children. Currently, the rules for procedure in CHINS and TPR cases do not address the conditions under which children may testify at these proceedings. The subcommittee (Judge McDonald Cady, Ashley Harriman, Marshall Pahl, Judge Kennedy and Nate Hine) is working on a draft amendment to Rule 2 which would apply to testimony by children under oath. A preliminary draft has been prepared. Judge McDonald-Cady to report on progress.
6. Applicability of V.R.Cr.P. 41.1 (Non-Testimonial Orders) to Juvenile Proceedings. Judge McDonald- Cady, Marshall Pahl, Emily Zukauskas and Judge Davenport met with members of the Criminal Rules committee on May 23. Judge McDonald-Cady to report on the outcome of the meeting.
7. Proposal to Amend Rule 16(c)(4)(D)(i): This rule requires the court to schedule a review hearing every 14 days when a child support obligor is incarcerated on a mittimus. The purpose of the hearing is to consider whether the obligor has the ability to pay the purge amount. 15 V.S.A. (h)(4)(A) requires a review hearing every 15 days in identical circumstances. The rule was amended in 2018 to change the scheduling of a review hearing from 15 days to 14 days consistent with the simultaneous 2018 amendment to V.R.C.P. 6 adopting the "day-is-a-day" counting system from the federal rules. (See Reporter's Notes - 2018 Amendment) Committee to discuss how to proceed.
8. Amendment to V.R.F.P. 4.3(b)(2)(C) to resolve inconsistency between the rule and 15 V.S.A. §§ 782 and 783 with respect to the scheduling of wage withholding petitions. A draft amendment is still being worked on.
9. Amendment to Rule 4.2(f) to require an automatic scheduling of a child support hearing when the extent of parent-child contact is modified: A subcommittee (Mag. Peterson, Kyle Hatt, Rachel Streker and Judge Davenport) will work on a rule that would trigger an automatic case manager conference to review child support when substantial changes are made to parent child contact. The Subcommittee has not yet met due to work on other issues.
10. On Hold
a. Proposal to review Family Rules for respectful language: Continued committee discussion re process for review. This project is currently on hold due to other priorities for the Committee.
11. 2025 Meeting Schedule: Schedule for remaining meeting dates in 2025: October 24.
12. Adjourn

1 Please note the unusual format for this amendment. The amendment amends the emergency rule already in place, not the rule as it existed before the emergency amendment. Similarly, the Reporter's Notes only talk about how this proposed final rule amends the emergency rule.