VERMONT SUPREME COURT
ADVISORY COMMITTEE ON RULES FOR FAMILY PROCEEDINGS
AGENDA FOR MEETING OF
October 20, 2023

The Family Rules Committee will meet virtually on TEAMS on October 20, 2023, from 2:30 pm – 3:30 pm to consider the following agenda:
1. Approval of draft minutes of the meeting of July 21, 2023.

2. Status of proposed amendments: There are no amendments currently proposed.

3. Report from Subcommittee on Juvenile Proceedings (Marshall Pahl, Judge Kerry Mc-Donald-Cady, Jody Racht, Kristin Gozzi)
a. Amendment to V.R.F.P.(1)(b)(1) to provide enforcement of the requirement in the rule to provide race and ethnicity data at the time of filing a delinquency petition. Subcommittee to report on progress. Judge Davenport to report on the work of the Supreme Court’s Diversity, Equity, and Inclusion Practices as it relates to the collection of race data in delinquency cases.
b. V.R.F.P. 1(a)(3): applicability of V.R.Cr.P. 11(c)(8) advice collateral consequences to delinquency cases. Judge Carlson to report on progress regarding the development of a standardized colloquy for delinquency cases.

4. Joint subcommittee with Probate Rules Committee to consider whether legislation giving family and probate divisions jurisdiction to make findings related to Special Immigration Status (SIJ) requires rules. See 4 V.S.A. § 33(18), 4 V.S.A. § 35, 14 V.S.A. § 3098. S.163/Act 98 which went into effect on July 1, substantially amends 14 V.S.A. § 3098 and adds a new section related to children in juvenile proceedings (Judge Carlson, Marshall Pahl and Jody Racht). Judge Davenport to report on meeting in October with Prof. Diaz.

5.Proposal to review Family Rules for respectful language:
a. Draft Amendment to V.R.F.P. 1(i)(B) related to respectful language: Laura Bierley to report on feedback regarding appropriate term to replace “mental illness.”
b. Respectful language review of all family rules: Committee discussion re process for review.

6. Committee Vacancies: Vote on recommendation to Supreme Court regarding lawyer(s) to fill vacancy created by the resignation of Althea Lloyd. Discussion re vacancies created by the retirements of Penny Benelli and Jody Racht. According to the Committee’s Charge and Designation, Penny Benelli’s position will be filled by the incoming chair of the VBA’s Family Law Committee. Jody Racht has served as the designee of the Secretary of the Agency of Human Services.

7. New Business
a. Name change orders in divorce cases – Penny Benelli
b. Complaint for extreme risk protection order - Susan Ellwood

8. 2024 Meeting Schedule: Committee to discuss a meeting schedule for 2024. Proposed schedule: January 26; April 26; July 19; October 25.

9. Adjourn