Vermont
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Discretionary
Abuse/Neglect/Dependency - Accused Parents
Legislation
Key Development
Discretionary appointment of counsel
Counsel may be appointed for indigent parents in abuse/neglect proceedings.
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Categorical
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Right to counsel
There is a right to counsel for children in abuse and termination of parental rights cases.
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Qualified
Adult Protective Proceedings - Protected Person
Legislation
Key Development
Discretionary appointment of GAL
The court may appoint a GAL for adults in certain protective matters, but it is not clear whether GAL must be an attorney.
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No Such Proceeding
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
No such proceeding
There is no requirement that a minor obtain parental input prior to having an abortion.
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Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel for individuals in civil commitment due to mental health or intellectual disability.
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Categorical
Civil Contempt in Family Court
Litigation
Key Development
Right to counsel
The Vermont Supreme Court has recognized a constitutional right to counsel in civil contempt proceedings.
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Discretionary
Custody Disputes - Children
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for a minor in a divorce proceeding regarding custody and support.
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Categorical
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to counsel
There is a right to counsel for the indigent subject of a guardianship proceeding.
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Court Rule or Initiative
Key Development
Right to counsel
A court rule provides a right to counsel for respondents in guardianships due to intellectual disability or mental health.
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Doesn't Affect
Immigration
Legislation
January 3, 2018
Vermont bill would establish right to counsel for immigration matters
A bill would require the appointment of counsel for immigrants in various kinds of immigration proceedings.
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Categorical
Incarceration for Fees/Fines (incomplete)
Litigation
Key Development
Right to counsel
The Vermont Supreme Court found a federal constitutional right to counsel in civil contempt proceedings.
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Key Development
November 1, 2018
Vermont Supreme Court affirms right to counsel in contempt proceedings
The Vermont Supreme Court re-affirmed the right to counsel in contempt proceedings involving incarceration.
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Categorical
Involuntary Medical Treatment (incomplete)
Legislation
Key Development
Right to Counsel
There is a right to counsel for those subjected to involuntary treatment applications.
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No Such Proceeding
Sexually Dangerous Persons - Commitment
Legislation
No such proceeding
There is no procedure in the state for confinement of a sexually dangerous/violent person.
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Categorical
Sterilization
Legislation
Key Development
Right to counsel
There is a right to counsel for the indigent intellectually disabled subject of a sterilization proceeding.
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Categorical
Termination of Parental Rights (Private) - Birth Parents
Legislation
Key Development
Right to counsel
Indigent parents have a right to counsel in termination proceedings under the Adoption Act.
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Categorical
Termination of Parental Rights (Private) - Children
Legislation
Key Development
Right to counsel
Children have a right to counsel in termination proceedings under the Adoption Act.
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Discretionary
Termination of Parental Rights (State) - Birth Parents
Legislation
Key Development
Discretionary appointment of counsel
Counsel for indigent parents in termination cases is on a case-by-case basis, but counsel is appointed routinely.
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Categorical
Termination of Parental Rights (State) - Children
Legislation
Key Development
Right to counsel
There is a right to counsel for children in abuse and termination of parental rights cases.
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Categorical
Truancy - Petition Against Child
Legislation
Key Development
Right to counsel
Vermont children have a right to counsel in truancy proceedings (which are treated as "child in need of care or supervision" matters).
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