§ 8705. Sterilization; policy (a) It is the policy of the State of Vermont to allow voluntary and involuntary sterilizations of adults with an intellectual disability under circumstances that will ensure that the best interests and rights of such persons are fully protected. In accordance with this policy, a person with an intellectual disability, as […]
§ 8706. Voluntary sterilization Any person with an intellectual disability over the age of 18, who does not have a guardian with the power to consent to nonemergency surgery, may obtain a voluntary sterilization subject to all of the following preconditions: (1) the person with an intellectual disability has freely, voluntarily, and without coercion personally […]
§ 8707. Competency to consent; procedure (a)(1) If the physician from whom the sterilization has been sought refuses to perform the sterilization because he or she is not satisfied that the person with an intellectual disability has the ability to give the informed consent required by section 8706 of this title, the person with an […]
§ 8708. Involuntary sterilization (a) Any sterilization sought on behalf of a person with an intellectual disability or requested by any person denied a voluntary sterilization by section 8707 of this title shall be considered an involuntary sterilization. (b) Involuntary sterilizations may be performed only after a hearing in the Superior Court pursuant to sections […]
§ 8709. Petition and notice of hearing (a) Any adult with an intellectual disability, his or her parent, private guardian, near relative, as defined in section 8821 of this title, or physician, may file a petition in the Superior Court alleging that the person has an intellectual disability and is in need of sterilization. (b) […]
§ 8710. Appointment of counsel The respondent shall be represented by counsel throughout the proceeding. Upon filing of the petition the court shall notify the respondent that he or she shall be afforded the right to counsel. If the petition states that the respondent is unable to pay for counsel, the court shall appoint counsel […]
§ 8711. Conduct of hearing (a) The respondent, the petitioner, and all other persons to whom notice has been sent may attend the hearing, testify, present evidence, and subpoena, present, and cross-examine witnesses, including those who prepared the comprehensive evaluation. The court may exclude any person not necessary for the conduct of the hearing. (b) […]
§ 8712. Findings; order (a) The court shall prepare written findings of fact and state separately its conclusions of law in all cases. (b) If upon completion of the hearing and consideration of the record, the court finds that the person with an intellectual disability is competent to give informed consent and no such consent […]
§ 8713. Confidentiality of proceedings All proceedings under this chapter shall be closed to the public, and the records shall be sealed unless requested to be opened by the respondent. (Added 1981, No. 142 (Adj. Sess.), § 1.)
§ 8714. Appeal; automatic stay (a) Any party to the proceeding shall have the right to appeal from a judgment issued pursuant to this chapter within 30 days of the judgment pursuant to the Vermont rules of appellate procedure. (b) If the court has issued a judgment allowing sterilization, the judgment shall not become final […]
§ 8715. Liability; costs (a) Sterilizations performed pursuant to this chapter shall be legal and no person shall be civilly or criminally liable for performing a sterilization pursuant to such order of the court; provided, however, that the provisions of this chapter shall not affect any liability which may be incurred as a consequence of […]
§ 8716. Jurisdiction The Superior Court shall have exclusive original jurisdiction over all proceedings brought under this chapter. Proceedings under this chapter shall be commenced in the Superior Court of the county in which the person with an intellectual disability resides. (Added 1981, No. 142 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), […]
