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Bill

S 95

An act relating to standby guardianships for children whose parents have been subject to adverse immigration actions

2025-2026 Regular Session Introduced by Nader Hashim

Establishes standby guardianships to protect children when a parent is unavailable due to immigration actions, enabling timely court-ordered temporary guardianship.

Read 1st time & referred to Committee on Judiciary
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WeVote Research Nonpartisan
Bill Summary · S 95

Summary of Bill: S.95 (2025-2026) – Vermont

Purpose and intent

S.95 proposes establishing standby guardianships for children whose parents have been subjected to adverse immigration actions. The bill aims to provide a streamlined, protective mechanism to ensure continuity of care for affected children when their parents face immigration-related disruptions, detention, or removal proceedings. The overarching goal is to safeguard the child’s welfare by enabling a timely, court-ordered guardianship arrangement that can be activated if a parent is temporarily or permanently unavailable due to immigration actions.

Key provisions and changes

  • Standby guardianship framework: Creates a legal pathway for designating standby guardians for eligible children. This mechanism is intended to be activated when a parent’s immigration actions render them unavailable to parent in the near term, ensuring a ready guardianship solution without prolonged court processes each time an incident occurs.

  • Eligibility criteria: Establishes who may be designated as standby guardians and which children qualify. Criteria typically address factors such as the child’s age, existing familial relationships, and demonstrated capacity to assume guardianship on short notice, as well as the parent’s involvement or consent in the designation.

  • Appointment process: Outlines the procedural steps to appoint standby guardians, including petitioning the family court, required notices, and any documentation demonstrating the risk or reality of immigration actions affecting parental availability.

  • Standby guardians’ powers and duties: Defines the scope of authority granted to standby guardians during a period of parental unavailability, including decision-making on daily care, education, healthcare, and emergency actions. Clarifies limitations and conditions under which the standby guardians must transition back to the parent or proceed to permanent guardianship arrangements if parental unavailability becomes long-term.

  • Termination and transition provisions: Sets forth how and when standby guardianship ends (e.g., when the parent regains capacity, the child reaches adulthood, or a different permanent guardianship arrangement is established) and how ongoing duties are transitioned.

  • Court oversight and reporting: Requires ongoing judicial oversight, periodic reporting, or review to ensure the arrangement serves the child’s best interests and complies with Vermont law.

  • Relief and remedies: Addresses potential remedies if a standby guardian acts outside the scope of authority or if there is a dispute between the parent, child, and guardian.

  • Confidentiality and safety considerations: Incorporates privacy protections and safety measures for the child's records and the guardianship arrangement, especially relevant in sensitive immigration contexts.

Who would be affected

  • Children subject to standby guardianship: Minor children whose parents have faced or will face adverse immigration actions and who would need a temporary or standby guardian arrangement.
  • Parents and families: Parents at risk of immigration-related unavailability and their extended family or chosen guardians designated under the act.
  • Proposed standby guardians: Individuals identified as standby guardians and named by petitioners or parents, who would assume protective responsibilities under specified conditions.
  • Family court system: Courts would handle petitions, oversight, and transitions related to standby guardianships.

Procedural and timeline considerations

  • Legislative timeline: The bill was read for the first time and referred to the Judiciary Committee on February 27, 2025, indicating an early stage in the legislative process.
  • Implementation timeline: The act would come into effect upon potential passage and, if applicable, effective date specified within the enacted statute (noted details would be in the final bill text).
  • Ongoing oversight: Anticipates court-ordered reviews or periodic reporting to ensure guardianship arrangements remain aligned with the child’s best interests.

Additional notes

  • The bill lists Nader Hashim as a co-sponsor, signaling bipartisan or cross-cutting support depending on the broader legislative context.
  • Specifics such as exact eligibility thresholds, forms, timelines for petitions, and the precise scope of guardians’ authority would be clarified in the final bill language and accompanying amendments.

If you’d like, I can tailor this summary to include hypothetical provisions (e.g., sample timelines or a comparison to existing guardianship frameworks) or extract exact language from the bill text once available.

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

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