Vermont Legal Aid urges passage of H.98, describes standby guardianship clinics for children of detained or deported parents

Barbara Prine, a staff attorney at Vermont Legal Aid, told the House Judiciary Committee that the nonprofit has developed a standby minor-guardianship program, in coordination with the Department for Children and Families (DCF), to keep children out of state custody when parents are detained or deported. “We developed it in response to a need presented to us both by undocumented parents and also DCF,” Prine said, and added the program was created because “there are 400 to 900 children of undocumented parents living in Vermont.”

The program trains volunteer lawyers to prepare paperwork and, where appropriate, file for provisional or minor guardianships so a named adult can care for children immediately if parents are detained. Prine said Vermont Legal Aid has trained about 20 volunteer attorneys around the state and has helped roughly 40 to 45 families so far. She said the organization has a memorandum of understanding with DCF and that the state administration supports the program.

Why it matters: DCF officials told the committee they prefer not to place children in state custody unless there is alleged abuse, neglect or exploitation. Prine told lawmakers that when DCF takes custody it must complete a home study before releasing a child to parents in another country, a process she described as impractical and costly: “They can't do a home study in Ecuador. They can't do a home study in Mexico. They can't do a home study in Guatemala,” she said. Prine and DCF support, she said, is aimed at keeping children with caregivers the family knows and at reducing state expense.

How the program works: Vermont Legal Aid holds in-person clinics, often with interpreters, where parents identify a trusted adult and complete power-of-attorney forms and guardianship paperwork. Prine explained that power-of-attorney forms can enable a caregiver to pick a child up from school immediately but are limited for actions such as school enrollment; a formal guardianship filed in probate court grants broader authority. The program includes an annual court review requirement for guardianships under existing statute, Prine said.

Limits and risks: Prine emphasized that the program does not prevent deportation or ICE enforcement. “It doesn't stop any parent from getting deported or detained,” she said. She warned the filings could make children’s circumstances more visible if immigration enforcement were to change priorities. Committee members raised concern that the program could be perceived as undermining federal enforcement priorities or could affect federal grants; Prine said she did not expect federal funding for Vermont Legal Aid to be jeopardized and noted the governor and DCF have publicly supported the effort.

Barriers to broader uptake: Prine told the committee the chief obstacle is that many recent immigrant workers lack trusted adults in Vermont to name as guardians. She said farmworker families with longer local ties are more likely to have potential guardians than recent workers in construction, hospitality or food service. “We could do a clinic at your school. No one's been here long enough to know anyone,” she said, summarizing discussions with school social workers.

Unresolved process questions: The committee pressed on how DCF would interact with minors who enter state custody, whether DCF would place children with the family’s chosen guardian when a guardianship is not already in place, and how long parents are typically detained. Prine said detention timelines vary but that many parents are held for weeks to months and that the guardianship approach is intended to be a shorter-term tool to keep children with people they know while reunification is pursued.

No formal action was taken during the hearing. Testimony on H.98 continued after Prine's appearance and the committee did not vote on the bill during this session.