January 02, 2019

Advisory Committee on Rules for Family Proceedings Meeting - January 11, 2019

Advisory Committee on Rules for Family Proceedings Meeting - January 11, 2019

Advisory Committee on Rules for Family Proceedings Meeting

When: Friday, January 11, 2019 at 1:30 p.m.

Where: Hoff Lounge, Oakes Hall, Vermont Law School

Agenda

1. Approval of draft minutes of the meeting of November 2, 2018, previously distributed.

2. Status of proposed amendments.

  • A. Application to Family Division of Supreme Court’s revised proposed draft of new V.R.C.P. 79.2, sent out for comment on September 6, with comments due on November 5, 2018, comment period extended to January 14, 2019. Professor Wroth to report.
  • B. Proposed draft of V.R.C.P. 43(a), et al. (including V.R.F.P. 17), video and audio appearance, and proposed AO 47, Technical Standards, prepared by Special Committee on Video and Cameras in the Court, sent out for comment on January 24, with comments due on March 23, 2018. Professor Wroth to report.
  • C. Proposed amendment to V.R.F.P. 18(d) (d)(1) clarifying process of appointing mediator, sent out for comment on November 8, 2018, with comments due on January 7, 2019. Chairman Kainen to report on comments received.

3. Draft rule for mental health proceedings. Proposed by Family Division Oversight Committee. Professor Wroth to present draft proposed promulgation order.

4. Consideration of In re K.F., 2013 VT 39, note 2 (6/7/13) (request to develop procedure for addressing ineffective assistance of counsel claims by parents in TPR proceedings). Subcommittee (Ms. Racht, Judge Kainen, Mr. Pahl, Ms. Reynolds) to present alternative drafts of proposed amendments.

5. V.R.F.P. 6. Amendments made necessary by Act 170 of 2013 (Adj. Sess.) concerning minor guardianships. Professor Wroth to report on Probate Rules Committee’s amendment process.

6. Joint subcommittee to consider possible amendments to Vermont Rules for Public Access concerning Family Division records. Professor Wroth to report on Public Access Rules Committee’s amendment process.

7. Act 72 of 2017. An Act Relating to Juvenile Jurisdiction. (Section 7 directs the Supreme Court to consider adoption of appropriate rules by July 1, 2018.) Subcommittee (Mr. Pahl, chair; Ms. Racht; Ms. Reynolds) to present draft of proposed amendments.

8. V.R.F.P. 4.0(g)(3). Discovery questions. Professor Wroth to present draft proposed promulgation order for amendment of Rule 4.0(g)(3).

9. Other business.

10. Dates of next meeting. Scheduled for March 29, 2019.