Advisory Committee on Rules for Family Proceedings Agenda 1 31 25

VERMONT SUPREME COURT
ADVISORY COMMITTEE ON RULES FOR FAMILY PROCEEDINGS
AGENDA FOR MEETING OF
January 31, 2025
The Family Rules Committee will meet virtually on TEAMS on January 31, 2025, from 1:30 - 3:00 pm to consider the following agenda:

1. Welcome and Introductions
2. Approval of draft minutes for the meeting of October 25, 2024
3. Status of proposed amendments:
a. Rules related to Special Immigration Status for Vulnerable Non-Citizen Children (SJIS): See 4 V.S.A. § 33(18), 4 V.S.A. § 35, 14 V.S.A. § 3098. S.163/Act 98 substantially amends 14 V.S.A. § 3098 and adds a new section related to children in juvenile proceedings. The Supreme Court promulgated the proposed rule on November 4, 2024. Rules became effective January 3, 2025.
b. 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. Judge McDonald-Cady to report on any comments. Committee to vote on whether to request that the Supreme Court promulgate the amendment as a permanent rule.
4. Proposed Rule for Extreme Risk Protection Orders (ERPO): Continued discussion regarding the draft for a new family court rule submitted by the ERPO Subcommittee (Judge McDonald-Cady, Rachel Streker, Laura Bierly, Susan Buckholz and Kristin Gozzi) and discussed by the full Committee in October. The outstanding issues are outlined in the minutes from the October meeting.
5. Applicability of V.R.Cr.P. 41.1 (Non-Testimonial Orders) to Juvenile Proceedings. The Committee has proposed a joint meeting with members from the Criminal Rules Committee to discuss the issues. Members from this Committee are: Judge McDonald- Cady, Marshall Pahl, Emily Zukauskas and Judge Davenport.
6. Inconsistency between 15 V.S.A. §7 83 and V.R.F.P. 4.3(b)(2)(C) related to the scheduling of wage withholding petitions. Judge McDonald-Cady to report.
7. Amendment to Rule 1 to allow the issuance of temporary conditions of release in delinquency proceedings prior to preliminary hearing. Rule 1 does not currently authorize the issuance of conditions of release prior to a preliminary hearing. V.R.Cr.P. 5(b) which permits and the issuance of conditions of release prior to a preliminary hearing upon the release of persons who are arrested, is not applicable to delinquency proceedings pursuant to Rule 1(a)(1). The issue is whether to amend Rule 1 to allow for the issuance of conditions of release prior to a preliminary hearing. Judge McDonald-Cady to report on December meeting of subcommittee (Judge McDonald-Cady, Nate Hine, Marshall Pahl, Emily Zukauskas and Ashley Harriman).
8. Amendment to Rules 2 and 3 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. Judge McDonald-Cady to report on December meeting of subcommittee (Judge McDonald Cady, Ashley Harriman, Marshall Pahl, Judge Kennedy and Nate Hine).
9. Amendment to Rule 17(f) related to hybrid proceedings. Committee to review and vote on a draft amendment that would include Vulnerable Adult Protection matters brought under 33 V.S.A. §§ 6932-6942 in addition to RFA proceedings as proceedings that would be hybrid unless the court orders participation by another method. Draft rule amendment sent with Minutes and Agenda.
10. New Business:
a. Proposal to Amend Rule 9(c): There is a request from Judge Zonay on behalf of some of the trial judges to amend Rule 9(c) by deleting the last sentence which entitles a plaintiff to present evidence to the court if the court determines that the contents of the affidavit are insufficient to support an ex parte temporary order before a judge decides whether to grant or deny a temporary order.
11.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.
b. 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: At our last meeting a subcommittee was formed to work on this (Mag. Peterson, Jessica Semen, Rachel Streker and Judge Davenport). The Subcommittee has not yet met due to work on other issues.
12. 2025 Meeting Schedule: Schedule for meeting dates in 2025: April 25, July 18, October 24.
13. Adjourn