Vermont Statutes Title 18 Sec. 9306
Terms Used In Vermont Statutes Title 18 Sec. 9306
- Commissioner: means the Commissioner of Disabilities, Aging, and Independent Living. See
- Department: means the Department of Disabilities, Aging, and Independent Living. 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.
- 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.
- Guardianship: means the legal status of a person with developmental disabilities who is subject to the Commissioner's exercise of some or all of the powers listed in section 9310 of this title. See
- Person: means any individual, company, corporation, association, partnership, the U. See
- Qualified developmental disabilities professional: means a psychologist, physician, registered nurse, educator, or social worker with specialized training or at least one year of experience in working with people with developmental disabilities. See
- Respondent: means a person who is the subject of a petition filed pursuant to section 9305 of this title. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 9306. Comprehensive evaluation
(a) The Family Division of the Superior Court shall mail a copy of any petition filed pursuant to section 9305 of this title to the Commissioner, who shall promptly arrange for the preparation of a comprehensive evaluation of the respondent. The evaluation shall include information regarding the respondent’s developmental and social functioning that is relevant to the person‘s need for guardianship. The evaluation shall contain recommendations and supporting data regarding the ability of the respondent to function in society without guardianship and shall specify those activities for which the respondent needs supervision and protection and shall include information regarding the availability of one or more responsible adults to assist the individual in decision-making.
(b) The evaluation shall be prepared by a qualified developmental disabilities professional. The evaluation shall be completed within 40 days after the court’s service of the petition upon the Commissioner unless the time period is extended by the court for cause. The Commissioner shall send the request for evaluation to the evaluator at least 30 days before it is due. The Commissioner shall provide for reimbursement of the costs of the evaluation.
(c) The Department shall send a copy of the evaluation to the court, the State‘s Attorney, the director of guardianship services, and to counsel for the respondent. The evaluation is a confidential document and shall not be further disclosed by the court and the parties without the consent of the respondent or a person authorized to act on behalf of the respondent, except that the Department shall release the evaluation to a developmental services agency, if necessary, for the purpose of obtaining or improving services to the person.
(d) The evaluation shall not be used as evidence in any other judicial proceeding without the consent of the respondent or the respondent’s guardian or upon order of the court. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § 1; 2009, No. 154 (Adj. Sess.), § 238; 2023, No. 6, § 220, eff. July 1, 2023.)