Terms Used In Vermont Statutes Title 12 Sec. 7154

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Probate: Proving a will

§ 7154. Hearing; parties; notice

(a) Upon the filing of the petition, the court shall schedule a hearing.

(b) The minor’s parents, guardian, or other person charged with the custody of the minor shall be parties to the proceedings and shall be given an opportunity to be heard.

(c) At least 30 days prior to the hearing, notice shall be given to the minor’s parents, guardian, or other person charged with the custody of the minor, unless the court finds that their addresses are unknown, or that there are other reasons notice cannot be given.

(d) If the minor has been committed to the custody or guardianship of the Commissioner for Children and Families, or a petition has been filed to commit the minor to the custody of the Commissioner, the Commissioner shall be a party to the action under this chapter.

(e) Any action under this chapter may be consolidated with any other action in the Probate Division of the Superior Court involving the interest or welfare of the minor.

(f) The burden of proving facts necessary to sustain the petition shall be on the minor and shall be by a preponderance of the evidence. (Added 1995, No. 145 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)