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Witnesses urge statutory clarity for standby guardianships to keep children with trusted caregivers during immigration enforcement
Summary
Legal-service providers told the Senate Judiciary Committee that codifying state court jurisdiction over standby guardianship would help mixed‑status families plan for temporary care and reduce placements into DCF custody after immigration enforcement actions.
Jill Martin Diaz, executive director of the Vermont Asylum Assistance Project, and Barb McCrine, a staff attorney with Vermont Legal Aid, told the Senate Judiciary Committee on April 1 that state statutes clarifying courts’ authority to accept standby‑guardianship filings would prevent unnecessary foster‑care placements when parents are detained by immigration authorities.
Martin Diaz said standby guardianship statutes exist in many states and enable families to plan in advance so that, if a parent is detained or otherwise unable to care for a child, a designated caregiver can file a guardianship or implement a previously prepared plan. “This bill allows families to plan proactively now in times of calm,” Martin Diaz said, describing school personnel and neighbors who often call legal services after a parent is detained.
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