Witness to Judiciary committee urges H.193 working group to study child representation gaps and RFAs for minors

This Wednesday, March 19, Amy Rose, policy director with Voices for Vermont's Children, told the Judiciary committee considering bill H.193 that the proposed working group offers “an opportunity to bring additional funding to our state” and a forum to examine how representation is provided in child welfare cases.

Rose said the bill would allow stakeholders to work “collaboratively to ensure that we are taking every opportunity that is offered to us from the federal government,” and urged the committee to include review of CHINS representation structures and certain urgent processes such as relief-from-abuse (RFA) orders filed on behalf of minors.

Why it matters: Rose argued that Vermont currently has representation gaps at several decision points. She said children in CHINS matters benefit from both an attorney and a guardian ad litem, but that children in related domestic or RFA proceedings “are not parties to these cases and are not automatically signed a GAL or an attorney,” leaving judges with less information and children without representation when hearsay rules and fast timeframes prevent full factfinding.

Rose described Vermont’s differential response system and funding shortfalls that increase pressure on the child welfare system. She said Reach Up benefit levels are calculated using an older housing and basic-needs benchmark and that, in practice, the state’s basic-needs budget for some families is “about half of JFO’s basic needs budget,” which she said contributes to stressors that lead to child welfare involvement.

She presented 2023 data on RFAs: 3,577 RFAs were filed on behalf of adults (3,078 were issued, 3,047 temporarily granted, and 1,003 received final approval), while 415 RFAs were filed on behalf of minors (156 temporarily granted and 52 received final approval). Rose said RFAs filed on behalf of minors are “less likely to be granted” and are frequently denied or dismissed because hearsay rules limit what an unrepresented child can present to the court.

On federal funding and policy, Rose cited the Family First Prevention Services Act of 2018 and Title IV-E funding as reasons to examine representation structures now, noting uncertainty about future federal funding but urging the state to use available funds while they exist. She recommended the working group consider adding representation for RFAs on behalf of minors to its scope and suggested including a guardian ad litem seat if not already specified.

Committee reaction and next steps: Committee members pressed whether the bill presumes the Office of the Defender General is the wrong place to host this work and asked that the bill’s language be less prescriptive so the group can first assess options. Rose said H.193 is a practical step toward broader reform and recommended the working group review existing reports before duplicating prior work. Members said they will continue to refine language and may convene a preliminary group to shape the working group's charge.

No formal vote or action was recorded during the hearing segment on H.193.