§ 9301. Policy It is the policy of the State of Vermont to assure that citizens with developmental disabilities receive such protection and assistance as is necessary to allow them to live safely within the communities of this State. In furtherance of this policy, this chapter is enacted to permit the supervision of those individuals […]
§ 9302. Definitions As used in this chapter: (1) “Person with developmental disabilities” means: (A) a person with a severe, chronic disability that must arise before the person reaches the age of 18, and results in: (i) intellectual disability, autism, or pervasive developmental disorder; and (ii) deficits in adaptive behavior at least two standard deviations […]
§ 9303. Jurisdiction and venue (a) The Family Division of the Superior Court shall have exclusive jurisdiction over all proceedings brought under the authority of this chapter. Proceedings under this chapter shall be commenced in the Family Division of the Superior Court for the unit in which the person with developmental disabilities is residing. (b)(1) […]
§ 9304. Eligibility for guardianship of the person Guardianship may be provided to any person with developmental disabilities who: (1) is at least 18 years of age; and (2) is in need of supervision and protection for the person’s own welfare or the public welfare. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, […]
§ 9305. Petition for guardianship Any interested person with knowledge of the facts alleged may request the State’s Attorney having jurisdiction to file a petition with the Family Division of the Superior Court alleging that person is developmentally disabled and in need of guardianship. The State’s Attorney shall file the petition unless it clearly appears […]
§ 9306. Comprehensive evaluation (a) The Family Division of the Superior Court shall mail a copy of any petition filed pursuant to section 9305 of this title to the Commissioner, who shall promptly arrange for the preparation of a comprehensive evaluation of the respondent. The evaluation shall include information regarding the respondent’s developmental and social […]
§ 9307. Notice of petition and hearing Within five days of filing the petition, the court shall fix a time and place for hearing and shall mail a copy of the petition and notice of hearing to the respondent, the respondent’s counsel, the guardian for the respondent, if any, the interested person who requested the […]
§ 9308. Appointment of counsel Upon the filing of the petition, the court shall appoint counsel for the respondent, and shall notify the respondent of the name, address, and telephone number of the appointed counsel. Compensation shall be paid by the Department to counsel assigned by the court, any rule or law to the contrary […]
§ 9309. Hearing and appeal (a) The respondent, the State’s Attorney, and all other persons to whom notice has been given pursuant to section 9307 of this title may attend the hearing and testify. The court may in its discretion receive the testimony of any other person. The respondent and State’s Attorney may subpoena, present, […]
§ 9310. Powers of Commissioner as guardian (a) The court may appoint the Commissioner guardian of the respondent if it determines that a guardian is needed to supervise and protect the respondent through the exercise of any or all of the following powers: (1) The power to exercise general supervision over the respondent. This includes […]
§ 9313. Duties of Commissioner when providing guardianship services (a) When providing guardianship services to a person with developmental disabilities, the Commissioner shall maintain close contact with the person with developmental disabilities, no matter where the person is living in this State, and shall permit and encourage maximum self-reliance on the part of the person […]
§ 9314. Annual review (a) The Commissioner shall prepare an annual review of the social adjustment and progress of every person who is receiving guardianship services under this chapter. A copy of the review shall be kept on file by the Commissioner and shall be made available upon the request of the person with developmental […]
§ 9315. Review of Commissioner’s decision A person who is receiving services under this chapter may appeal a decision of the Commissioner in accordance with 3 V.S.A. § 3091 or by petition to the Family Division of the Superior Court. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § 1; 2009, […]
§ 9316. Modification or termination of guardianship services (a) The Commissioner shall provide guardianship services in accordance with the order of the Probate Division or Family Division of the Superior Court until termination or modification thereof by the court. (b) The Commissioner, the person with developmental disabilities, or any interested person may petition the appointing […]
§ 9317. General provision The Commissioner may delegate his or her powers and duties under this chapter to staff within the Department, and may adopt, pursuant to 3 V.S.A. chapter 25, rules necessary for the proper and efficient administration of this chapter. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § […]
