Vermont Statutes Title 15 Sec. 2-206
Terms Used In Vermont Statutes Title 15 Sec. 2-206
- Department: means the Department for Children and Families. See
- 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.
- Minor: means a person who has not attained 18 years of age. See
- Parent: means a person who is legally recognized as a mother or father or whose consent to the adoption of a minor is required under subdivision 2-401(a)(1)-(4) or (6) of this title. See
- 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
§ 2-206. Review of evaluation
(a) Within 90 days after a person receives a preplacement evaluation with a finding that he or she is not suited to be an adoptive parent, the person may petition the Probate Division of the Superior Court for review of the evaluation.
(b) If the court determines that the petitioner has failed to prove suitability by a preponderance of the evidence, it shall order that the petitioner not be permitted to adopt a minor and shall send a copy of the order to the Department to be retained with the copy of the original evaluation. If, at the time of the court’s determination, the petitioner has custody of a minor for purposes of adoption, the court shall make an appropriate order for the care and custody of the minor.
(c) If the court determines that the petitioner has proved suitability, the court shall find the petitioner suitable to be an adoptive parent and the petitioner may commence or continue a proceeding for adoption of a minor. The court shall send a copy of its order to the Department to be retained with the copy of the original evaluation. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)