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H 797

An act relating to an interdisciplinary model of legal representation for children and families involved in proceedings related to child abuse or neglect

2025-2026 Regular Session Introduced by Elizabeth Burrows and 2 co-sponsors

Establishes an interdisciplinary, Defender General–led legal representation program for children and families in substantiated abuse/neglect cases, with standardized practice, over

Read first time and referred to the Committee on Judiciary
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Bill Summary · H 797

Summary of H.797 (2025-2026) — Vermont

Purpose and intent

  • Establish an interdisciplinary model of legal representation for children and families involved in child abuse or neglect proceedings.
  • Create a Defender General–led program to provide prepetition and postpetition advocacy for children and families with substantiations of abuse/neglect and related petitions.
  • Create the Defender General’s Citizens Advisory Board to evaluate and improve the interdisciplinary system through review of policies, practices, training, and overall accountability.

Key provisions and changes

  1. Interdisciplinary Legal Representation Program (added 33 V.S.A. § 5323)

    • Purpose: Dedicated prepetition and postpetition representation and advocacy for children and families in substantiated abuse/neglect cases.
    • Collaboration with the Department for Children and Families (DCF) to leverage federal Title IV-E funding.
    • Staffing and compensation: Appoint, compensate, evaluate, and retain attorneys, social workers, peer advocates, and other staff to provide high-quality interdisciplinary representation. Compensation shall be comparable to positions in the Attorney General’s Office and State’s Attorneys’ offices.
    • Team-based approach: Use an organized team model tailored to client needs.
    • Training, supervision, and evaluation: Mandatory ongoing training and performance monitoring; contract staff supervised by a Defender General-designated attorney; contractor agencies must use similar supervision and evaluation processes as the Defender General.
    • Funding and practice standards: Fund contracts with established nonprofit agencies via a pass-through model; develop and approve practice models and standards aligned with child welfare best practices and professional guidelines (e.g., ABA, NASW); address time spent with clients pre-, during, and after court/agency appearances.
    • Zealous/unbiased representation: Ensure diligent advocacy and due process for all clients.
    • Case assignment and workloads: Use normal clerk-of-court assignment processes for contract-based cases; establish ethical caseload and workload standards with monitoring.
    • Grievance procedures: Create mechanisms for client grievances against staff or contract attorneys.
    • Intercept Model alignment: Participate in regional Intercept Model meetings and information sharing with the Vermont Supreme Court’s Intercept Model.
    • Data and reporting: Provide data to DCF for federal funding compliance; furnish the General Assembly with annual activity, expenditure, compliance, outcomes, and grievance reports (in consultation with DCF).

  2. ** Defender General’s Citizens Advisory Board (added § 5323(b))**

    • Purpose: Evaluate and improve the interdisciplinary system by reviewing policies, practices, procedures, and training to assess how effectively the Defender General discharges responsibilities.
    • Duties: Create bylaws, review selected cases (confidentially), solicit public input, and publish an annual report with recommendations.
    • Composition (14 members) includes:
      • Appointees from Vermont Law and Graduate School, UVM Department of Social Work, and the Commissioner for Children and Families, among others.
      • Appointees from the Secretary of Education and the Commissioner of Mental Health.
      • Lived-experience representation: Parents and youth with direct experience in these proceedings (appointed by House/Senate leadership and the Governor).
      • Legal and judicial participation: Juvenile Court Improvement Program involvement; two attorneys with relevant experience (appointed by the Vermont Bar Association).
      • One gubernatorial appointee.
    • Qualifications: Members with significant experience in child representation or child welfare, or demonstrated commitment to high-quality representation and advocacy.

  3. Operational and governance details for the Board (Sec. 2(c)-(e))

    • Meetings: First meeting within 30 days after appointment; at least four times per year; quorum and voting thresholds specified (eight or more members; public meetings with confidentiality protections).
    • Compliance: Defender General staff to attend all Board meetings; potential subcommittees; public access to meetings with confidential portions limited to board members.
    • Support: Office of the Defender General to provide meeting space and general support.
    • Timeline: The Citizens Advisory Board must be fully constituted within 90 days of passage and hold its first meeting within 120 days.

Who and what would be affected

  • Children and families involved in child abuse/neglect proceedings in Vermont (prepetition and postpetition contexts).
  • The Office of the Defender General (ODG), which would establish and oversee the interdisciplinary program.
  • The Department for Children and Families (DCF), which would collaborate to leverage federal funding.
  • Legal professionals, social workers, peer advocates, and contractors/partner nonprofits engaged in the program.
  • The Defender General’s Citizens Advisory Board, a new governance body aimed at oversight, accountability, and program improvement.
  • The Vermont judiciary and related bodies connected to the Intercept Model and child welfare processes.

Timelines and effective date

  • Effective date: July 1, 2026.
  • Board timeline: Full board constituted within 90 days post-passage; first board meeting within 120 days post-passage.

Potential impact and notes

  • Aims to shorten time to permanency, improve outcomes for children, and enhance family stability, with projected cost savings and better alignment with federal funding opportunities.
  • Emphasizes standardized practice models, robust supervision, performance monitoring, and accountability.
  • Intent to ensure due process, equitable outcomes, and preservation of family ties (e.g., kinship placements) through an integrated legal representation approach.

If you’d like, I can compare this bill to current Vermont practices or provide a one-page briefing for policymakers.

Compiled from official sources — confirm details with the bill’s official record.

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