FINAL VERMONT SUPREME COURT ADVISORY COMMITTEE ON RULES FOR FAMILY PROCEEDINGS AGENDA FOR MEETING OF April 22, 2022

The Family Rules Committee will meet virtually on TEAMS from 1:00 pm – 3:00 pm to consider the following agenda: 1. Approval of draft minutes of the meeting of January 21, 2022. 2. Committee vacancies: Update on GAL to replace John Wilson. 3. Status of proposed amendments: none pending approval. a. Amendment to V.R.F.P. 6(a) and 6.1(a) to eliminate applicability of Family Rules to the appointment of guardians ad litem in probate guardianship proceedings. The proposed amendment was sent out for comment by the Supreme Court. The committee recommended the proposed amendment on October 15, 2021. It was sent out for comment by the Supreme Court. The comment period ended on January 18, 2022. No comments were received. The proposed amendment was forwarded to the Supreme Court for promulgation on March 9, 2022, and reviewed by LCJR on April 14, 2022. b. Amendment to V.R.F.P. 18 – Mediation in Family Proceedings. Proposal to clarify that mediation can be either in person or virtual. The committee recommended the proposed amendment on October 15, 2021. It was sent out for comment by the Supreme Court. The comment period ended on January 18, 2022. No comments were received. The proposed amendment was forwarded to the Supreme Court for promulgation on March 9, 2022, and reviewed by LCJR on April 14, 2022. c. Amendments to V.R.F.P. 2(a)(2) and (3); 6(c)(2); 6.1(c)(1); 8(h). These amendments were required as a result of the abrogation of V.R.C.P. 78(a) and amendment to V.R.C.P. 7(b)(6). The proposed amendment was sent out for comment by the Supreme Court. The committee recommended the proposed amendment on October 15, 2021. It was sent out for comment by the Supreme Court. The comment period ended on January 18, 2022. No comments were received. The proposed amendment was forwarded to the Supreme Court for promulgation on March 9, 2022, and reviewed by LCJR on April 14, 2022. 4. Report from Subcommittee on Public Access to Court Records and Live Streaming in Family Court. (Penny Benelli, Alycia Sanders, Laura Bierly and Eddie Poff) a. Update on subcommittee discussion regarding whether (1) there should be a broad exception to the revised Public Access Rules to cover Family Division proceedings, or whether there should be specific exemptions to those rules for particular Family Division cases; and (2) live streaming of Family Division proceedings and other issues raised by emergency amendments to V.R.C.P. 79.2 promulgated on September 2, 2019. Draft letter to the Supreme Court’s Special Advisory Committee on Remote Access to be discussed. b. Amendment to V.R.F.P. 9(b) and 9(g)(1) and V.R.F.P. 4.3(a)(7) to provide email addresses in RFA proceedings and define period during which proceedings are confidential. Draft of subcommittee proposal. c. Amendment to V.R.F.P. 4.3(a)(3) to allow for automatic consolidation when divorce filing precedes an RFA proceeding. Draft of subcommittee proposal. 5. Report from Subcommittee on Juvenile Proceedings (Marshall Pahl, Judge Shaffritz, Dickson Corbett, Jody Racht) a. V.R.F.P. 1.1 Procedure for Youthful Offender Proceedings in the Family Division. A draft of a proposed rule that would govern youthful offender proceedings, V.R.F.P. 1.1. b. Amendment to V.R.F.P.(1)(b)(1) to provide enforcement of the requirement to in the rule to provide race and ethnicity data at the time of filing a petition. Subcommittee to report on progress. 6. Request by Probate Rules Committee for joint subcommittee 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. This matter is pending final approval by the Legislature of S.163. 7. Update on new service rules on service proposed by the Civil Rules Committee on Family proceedings. The Civil Rules Committee has put together a proposal amending the rules for service following initial service to allow for service by e-mail. See: https://www.vermontjudiciary.org/sites/default/files/documents/PROPOSEDVRCP 5_6%28a%29%284%29_29_79.1--FOR COMMENT.pdf Based on comments received by the Civil Rules Committee, they have eliminated the option for self-represented litigants to leave filings with the clerk except in this limited circumstance: "If the filer is prevented by rule or court order from contacting the other party or receiving the other party’s contact information, the filer may serve by leaving with the clerk." This would apply in stalking and abuse case where plaintiff’s contact information is confidential. Committee to discuss. 8. New Business 9. Future Meetings: The next scheduled meeting of the Committee is July 22, 2022, from 1 – 3 p.m. Set schedule for a meeting following the meeting in October. 10. Adjourn