House Judiciary Committee hears testimony on H.98 to allow standby guardianship when parents face immigration actions

The House Judiciary Committee on May 8 heard testimony on H.98, legislation to authorize "standby" guardianships allowing a named guardian to assume care for a child if a custodial parent is subject to an adverse immigration action. Testimony came from the Vermont Department for Children and Families (DCF), immigration legal advocates and a resident who described arranging a standby guardianship for an asylum-seeking family.

The bill is intended to provide a short-term, court‑sanctioned alternative to placing children in state custody when a custodial parent is detained or otherwise temporarily unable to care for a child. "We are in support of H.98 in terms of the standby guardianship," Erica Radke, deputy commissioner of the Family Services Division at the Vermont Department for Children and Families, told the committee.

Committee members and witnesses said the measure aims to reduce unnecessary involvement of DCF when a vetted guardian is available, while also clarifying probate and family court authority to make decisions for a child’s care regardless of immigration status. "We are seeing an immediate need for clarity for judges about the jurisdiction that they already have to make decisions about the well‑being of children," said Jill Martin Diaz, an immigration attorney and executive…